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HTMLWest Virginia AG Clears Merger Creating Second Largest Hospital Chain in the State with Conduct Remedy
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers.[1] In contrast, State Attorneys General have been more willing to enter into conduct remedies, particularly in the...

 

HTMLDOJ Sues Four Michigan Hospitals for Secret Agreements Not to Compete
Helen J. Kim, Dionne C. Lomax; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 7, 2015, previously published on June 29, 2015
Late last week, the United States Department of Justice (DOJ) and the Michigan Attorney General (AG) filed suit against four southern Michigan hospitals, alleging that they secretly agreed not to compete with each other in violation of Section 1 of the Sherman Act and Section 2 of the Michigan...

 

HTMLD.C. Circuit Affirms: FTC Can Change HSR Rules Targeted at Pharmaceutical Patents
Helen J. Kim, Dionne C. Lomax; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 26, 2015, previously published on June 11, 2015
In a confluence of IP and antitrust law, a three judge panel for the D.C. Circuit recently affirmed a lower court decision upholding the Federal Trade Commission’s (“FTC”) 2013 modification of regulations under the Hart Scott Rodino (“HSR”) Act to require reporting of...

 

HTMLFTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win
Helen J. Kim, Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 6, 2015, previously published on April 22, 2015
The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade Commission (“FTC” or the “Commission”) ruling...

 

HTMLFTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement
Helen J. Kim, Dionne C. Lomax, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
May 6, 2015, previously published on April 21, 2015
In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to resolve the FTC’s allegations that Cardinal illegally monopolized...

 

HTMLNo Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 26, 2015
On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state agency, was not exempt from federal antitrust laws when it sent 47...

 

HTMLFTC Announces Annual Revision to HSR Jurisdictional Thresholds
Robert G. Kidwell, Helen J. Kim, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 16, 2015, previously published on January 15, 2015
The Federal Trade Commission (FTC) announced on January 15, 2015 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).

 

HTMLFTC Announces Annual Revision to HSR Jurisdictional Thresholds
Robert G. Kidwell, Helen J. Kim, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
March 12, 2015, previously published on January 15, 2015
The Federal Trade Commission (FTC) announced on January 15, 2015 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act).

 

HTMLTenth Circuit Affirms Class Certification and Price Fixing Verdict Against Dow Chemical
Robert G. Kidwell, Helen J. Kim, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 10, 2014, previously published on October 6, 2014
The Tenth Circuit recently affirmed both class certification and one of the largest verdicts issued in the U.S. this year, denying Dow Chemical Company’s (“Dow”) appeal in a price fixing case related to polyurethane products. In Re: Urethane Antitrust Litigation, No. 13-3215 (10th...

 

HTMLSawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released
Helen J. Kim, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 24, 2014, previously published on July 22, 2014
Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order (on which we previously wrote here and here) dismissing the complaint filed against the power tool industry by SawStop, LLC.

 


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