Publications of Interest > Antitrust > Practices : Morgan, Lewis & Bockius

01/14/13 FTC Raises Hart-Scott-Rodino Thresholds

LawFlash/Client Alert | Antitrust LawFlash
Harry Robins, David Brenneman, Greta Burkholder

Transactions closing as of February 11 will be subject to increased HSR Act jurisdictional and filing fee thresholds.

11/19/12 Antitrust Enforcement in President Obama’s Second Term

LawFlash/Client Alert | Antitrust LawFlash
David Brenneman, Thomas Lang, Jonathan Rich

New leadership at the antitrust agencies is unlikely to change policies or priorities.

September 2012 Recent FTC Hospital Merger Challenges: An Update, Antitrust Health Care Chronicle

Outside Publication | Article
David Brenneman, Thomas Lang

09/14/12 Joshua Wright: FTC Nominee May Raise the Bar for Antitrust Challenges

LawFlash/Client Alert | Antitrust LawFlash
Swati Rawani, Thomas Lang, Jonathan Rich

Economist's emphasis on empirical evidence and economic theory stands in contrast to outgoing Commissioner Rosch's more litigation-oriented approach.

08/23/12 FTC Flexes Healthcare Regulatory Muscle

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Harry Robins, David Brenneman

Proposed rule includes new requirements for reporting pharmaceutical patent transfers.

08/08/12 Private Challenges to Reverse Payment Settlement Allowed to Go Forward

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Harry Robins, Steven Reed, Sarah Rabinovici

In stark contrast to recent decisions by other circuits, the Third Circuit holds that patent law does not insulate patent settlements from antitrust scrutiny.

06/13/12 Health and Pharmaceuticals Committee: Recent Developments Series April – May 2012

Presentation | Speech
J. Everett, Jr., David Brenneman, Sarah Rabinovici, Thomas Lang

05/24/12 Cartel Investigations and Litigation in the Technology Industry

Presentation | Webinar
J. Everett, Jr., Kent Roger, Nathan Andrisani

Part of our Technology May-rathon event series. In recent years, the Department of Justice Antitrust Division has launched a number of high-profile criminal investigations in the technology industry that have resulted in rec... more

05/09/12 Eleventh Circuit Rejects FTC Challenge to Reverse Payment Settlement

LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr., Sean Duffy, Steven Reed, Scott Stempel

Decision by court of appeals affirms that settlements that do not expand the exclusionary scope of a patent are not subject to antitrust challenge.

04/11/12 The Sherman Act's Increasingly Long Arm, Law360

Outside Publication | Article
J. Everett, Jr., Eyitayo St. Matthew-Daniel

04/04/12 Healthcare Tops the Agenda of U.S. Antitrust Enforcers

LawFlash/Client Alert | Antitrust LawFlash
R. Brendan Fee, Sarah Rabinovici, Jonathan Rich

Agencies promise close scrutiny of hospital mergers, reverse payment settlements, and REMS abuses.

04/02/12 The Sherman Act’s Increasingly Long Arm

LawFlash/Client Alert | Antitrust LawFlash
J. Everett, Jr., Eyitayo St. Matthew-Daniel

Courts grapple with questions raised by the "inelegantly phrased" Foreign Trade Antitrust Improvements Act of 1982.

March 2012 Co-author, FTC Hospital Merger Challenges in 2011 Produce Mixed Outcomes, Antitrust Health Care Chronicle

Outside Publication | Article
David Brenneman, Thomas Lang

01/24/12 FTC Raises Hart-Scott-Rodino Thresholds

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

As of the effective date (on or about February 23, 2012) transactions must be valued in excess of $68.2 million to be subject to the preclosing notification requirements of the HartScottRodino Act.

12/21/11 HSR Act Guidance for CEOs, Board Directors, and General Counsel

LawFlash/Client Alert | Antitrust LawFlash
Harry Robins, David Brenneman

Unlike so-called "merger control" laws in most countries, the U.S. HSR Act applies to individual executive officers and directors acquiring shares of the employing corporation as part of their compensation if certain jurisdictional thresholds are satisfied.

12/05/11 Murky Waters: The FTC Dives into Exclusionary Supply Contracts

LawFlash/Client Alert | Antitrust LawFlash
Sarah Rabinovici, R. Brendan Fee, Jonathan Rich

Although most supply agreements are a benign business reality, when favorable terms negotiated with a supplier foreclose the buyer's rivals from competing, the antitrust waters can get murky, and buyers, especially those with ma... more

12/01/11 FTC/DOJ Final Policy Statement on Accountable Care Organizations: Important Antitrust Issues Remain Unanswered, BNA's Health Law Reporter

Outside Publication | Article
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay

The Federal Trade Commission and the Department of Justice ("agencies") issued their final Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Shared Savings Program ("... more

11/16/11 Establishing an Export Compliance Program, presented at the Conference of Export Controls, Pittsburgh

Presentation | Speech
Margaret Gatti

Export Compliance Policy Statement: Requires each and every employee to comply with the export laws and regulations of the United States to the full extent that such laws and regulations apply to Company's products. Employee... more

10/31/11 FTC/DOJ Final Policy on Accountable Care Organizations: Important Antitrust Issues Remain Uncertain for Healthcare Collaborations

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Stephen Mahinka, J. Everett, Jr., David Brenneman, Albert Shay

The Federal Trade Commission (FTC) and Department of Justice (DOJ) (together, the Agencies) issued their final "Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations Participating in the Medicare Sha... more

10/18/11 The CFIUS Review Process: Trends and Challenges, presented to the Delegation of the State-owned Assets Supervision and Administration Commission (SASAC), People’s Republic of China

Presentation | Speech
Stephen Mahinka, Sean Duffy

08/29/11 Third Circuit Eases Burden on Foreign Injury Antitrust Plaintiffs

LawFlash/Client Alert | Antitrust LawFlash
Greta Burkholder, Jonathan Rich

As global economic activity increases, the U.S. courts see more and more antitrust claims brought by customers and competitors allegedly injured in transactions occurring outside the United States. International cartel and mono... more

08/22/11 Guilty Plea for Altering HSR Documents

LawFlash/Client Alert | Antitrust LawFlash
Sean Duffy, Jonathan Rich

The U.S. Department of Justice (DOJ) has provided a jarring reminder of the penalties for dishonesty in Hart-Scott-Rodino (HSR) filings. On August 15, the DOJ announced that Nautilus Hyosung Holdings Inc. (NHI) agreed to plead ... more

08/01/11 California v. Safeway: Antitrust Risks of Employer Mutual Aid Assistance Agreements

LawFlash/Client Alert | Antitrust and Labor and Employment LawFlash
Antitrust and Labor and Employment Practices

On July 12, in California v. Safeway ,[1] the Ninth Circuit Court of Appeals, sitting en banc, held that a mutual strike assistance agreement among four supermarket chains was subject to cha... more

07/28/11 The HSR Act Makeover, Law360

Outside Publication | Article
Harry Robins, Sarah Rabinovici

07/12/11 For Better or Worse? FTC and DOJ Remake Hart-Scott-Rodino Act Premerger Notification Form and Rules

LawFlash/Client Alert | Antitrust LawFlash
Antitrust Practice

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) recently modified the premerger notification form and rules for transactions reportable under the Hart-Scott-Rodino Act (HSR Act). The new form and the ame... more