Antitrust
Publications of Interest
Presentation | Webinar
Willard Tom, J. Everett, Jr., Eric Namrow
On May 8, 2013 Morgan Lewis presented the 2013 Technology Series webinar, "Antitrust Enforcers Charge onto the Patent Battleground." Companies affected by standard setting-whether as patent owners, implementers, or both-nee... more
Presentation | Webinar
Stephen Mahinka, Sean Duffy
Outside Publication | Article
Willard Tom
LawFlash/Client Alert | Class Actions LawFlash
Lauren Palmero, Joyce Taber, Christopher Mannion, Joseph Fay, Thomas Sullivan, Thomas Linthorst
High Court's decision provides companies with a significant and rational defense to class certification in antitrust and other damages class actions.
LawFlash/Client Alert | Antitrust LawFlash
Willard Tom, Swati Rawani, Jonathan Rich
Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws.
Outside Publication | Article
Daniel Schiffer, Scott Stempel, Jonathan Rich
LawFlash/Client Alert | Antitrust LawFlash
Sean Duffy, Jonathan Rich
In 2012, the Antitrust Division (Division) of the U.S. Department of Justice won several significant convictions, both at trial and through guilty pleas, while the merger enforcement efforts of the Division and the Federal Trade ... more
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.
LawFlash/Client Alert | Antitrust LawFlash
David Brenneman, Thomas Lang, Jonathan Rich
New leadership at the antitrust agencies is unlikely to change policies or priorities.
Outside Publication | Article
David Brenneman, Thomas Lang
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.
LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Harry Robins, David Brenneman
Proposed rule includes new requirements for reporting pharmaceutical patent transfers.
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.
Presentation | Speech
J. Everett, Jr., David Brenneman, Sarah Rabinovici, Thomas Lang
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
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.
Outside Publication | Article
J. Everett, Jr., Eyitayo St. Matthew-Daniel
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.
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.
Outside Publication | Article
David Brenneman, Thomas Lang
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.
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.
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
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
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