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Adobe PDFFTC Increases HSR Jurisdictional Thresholds
Robert G. Kidwell, Helen J. Kim, Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
February 3, 2016, previously published on January 22, 2016
The Federal Trade Commission (FTC) announced on January 21, 2016 increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). The FTC revises the thresholds annually based on changes in the gross...

 

HTMLFTC Sets Berks County’s Broken Orthopedic Market
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 26, 2015, previously published on October 20, 2015
Keystone Orthopaedic Specialists, LLC (“Keystone”), and Orthopaedic Associates of Reading, Ltd. (“OA”) reached a settlement with the Federal Trade Commission last week that they had violated the antitrust laws through the consolidation of six independent orthopedic practices...

 

HTMLFTC Merger Challenge Based on Harm to Potential Competition Rejected by District Court
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
October 1, 2015, previously published on September 28, 2015
In what has become rare of late, the Federal Trade Commission (“FTC”) suffered a litigation loss in a merger case with a district court’s denial of a preliminary injunction to block the deal pending administrative litigation. FTC v. Steris Corporation, 1:15-cv-01080 (N.D. Ohio...

 

HTMLKissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 4, 2015, previously published on September 3, 2015
In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of summary judgment and will now proceed to trial. Kissing...

 

HTMLInvestment Fund Violates “Investment-Only” HSR Exemption
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
At the request of the Federal Trade Commission (“FTC” or “Commission”), the Department of Justice (“DOJ”) filed this week in federal court a proposed settlement to charges that an investment fund violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976,...

 

HTMLAnother FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD Drug Sales
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical companies entered into a Consent Order with the FTC...

 

HTMLNinth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola
Sandra J. Badin, Richard G. Gervase, Michael T. Renaud, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its standard essential patents (SEPs) on reasonable and non-discriminatory...

 

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...

 

HTMLEU Court Clarifies the Conditions Under Which Assertion of Standard-Essential Patents May Constitute Abuse of Market Dominance
Sandra J. Badin, Richard G. Gervase, Michael T. Renaud, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
Last week, in response to a request for a preliminary ruling by a German court hearing a patent infringement action brought by Huawei against ZTE, the Court of Justice of the European Union (ECJ) took up the question of whether the assertion of patents that have been declared essential to the...

 

HTMLSecond Circuit Continues the Ebook Saga by Affirming Apple’s Role in an Unlawful Price Fixing Conspiracy
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 8, 2015
On June 30, 2015, the same day as the launch of Apple’s new streaming music service, the Second Circuit Court of Appeals coincidentally affirmed a district court ruling that Apple conspired with five of the country’s largest book publishers to fix prices for ebooks and coerce Amazon to...

 


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