Danyll Foix

Dan Foix, Carl Hittinger and Tyson Herrold Author Article on Efforts to Renew Enforcement of Largely Dormant Act

By Danyll Foix, Carl Hittinger and Tyson Herrold on March 16, 2023 Posted in FTC

Partners Dan Foix and Carl Hittinger and Counsel Tyson Herrold authored a Feb. 27, 2023, article for Westlaw Today titled “The FTC considers reviving Robinson-Patman enforcement.” The authors write that the Federal Trade Commission, which has not attempted to enforce Robinson-Patman in decades,“will look for what it views as a clear violation that it can use to … Continue Reading

Vertical Merger Review Debate Continues With Antitrust Enforcers

By Danyll Foix on February 26, 2019 Posted in FTC, Merger

Since at least 2017, when the U.S. Department of Justice (DOJ) sued to block a vertical merger, the business press has been atwitter about the antitrust enforcement agencies’ views of such mergers, as we covered here.… Continue Reading

Did You Know the ‘Plausibility’ Standard Can Be Used for More Than Pleading Antitrust Claims?

By Danyll Foix on June 26, 2018 Posted in Antitrust Litigation, Articles

Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article published in the Global Competition Review’s “The Antitrust Review of the Americas 2018.” Their article reviews how the “plausibility” pleading standard announced by the Supreme Court in recent years has changed not only how claims are alleged, but also how this standard may be … Continue Reading

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

By Danyll Foix on February 6, 2018 Posted in Agriculture, Antitrust Litigation

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with parties that are not part of an alleged antitrust conspiracy. Umbrella damages often come up … Continue Reading

The Trump DOJ’s View on Merger Enforcement and Remedies Explained

By Danyll Foix on November 20, 2017 Posted in Merger Review

President Trump’s head of the Department of Justice’s Antitrust Division, Makan Delrahim, recently explained that the division will cut back on behavioral commitments such as consent orders regulating conduct and will instead rely more on structural changes such as divestitures to remedy merger concerns. This could signal significant changes in how the DOJ resolves concerns … Continue Reading

Recent Investigation Closing Suggests FTC’s Process Reforms Might Be Meaningful

By Danyll Foix on October 4, 2017 Posted in FTC

Back in April, we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” including “process reforms” for civil investigatory demands (CIDs) for reviewing and closing some investigations. Now, six months later, we thought it useful to consider whether these new initiatives … Continue Reading

‘Tryin’ to Loosen My Load’ – FTC’s New CID Process May Reduce Your Antitrust Investigation Burden*

By Danyll Foix on August 7, 2017 Posted in FTC, Government Investigations

In April we reviewed several new initiatives within the Federal Trade Commission (FTC) focused on eliminating “wasteful, legacy regulations and processes that have outlived their usefulness,” in the words of FTC Acting Chair Maureen K. Ohlhausen. As part of these initiatives, the FTC recently announced that its Bureau of Consumer Protection will be implementing “process … Continue Reading

Hospital Seeks Second Opinion on Certifying Class with Uninjured Members

By Danyll Foix on June 13, 2017 Posted in Class Action Litigation

Ten years into litigation, a hospital has moved to decertify a class of plaintiffs who claim the hospital’s merger caused them to overpay for medical services. Arguing there is insufficient proof that class members were harmed, the hospital’s motion invites the court to jump into the fray about whether classes may be certified when they … Continue Reading

FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge of Nonreportable Transaction

By Danyll Foix on October 18, 2016 Posted in Healthcare, Merger Review, Premerger Notification

The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the challenge of a transaction that apparently was not reportable under the Hart-Scott-Rodino (HSR) Act, and the settlement is premised on a “failing firm” defense that infrequently is … Continue Reading

Better Late Than Never? FTC Finally Releases Guidance on Section 5

By Danyll Foix on August 13, 2015 Posted in Sherman Act 5

After years of academic debate and internal deliberation, the Federal Trade Commission today unveiled a “Statement of Enforcement Principles” that generally describes conduct prohibited by Section 5 of the FTC Act. Section 5 gives the FTC authority to take action against “unfair methods of competition.” Legislative history indicates that it was left to the FTC to … Continue Reading

Oregon Federal Court Weighs In on Disputed Umbrella Theory of Damages

By Danyll Foix on March 31, 2015 Posted in Antitrust Litigation

An Oregon federal court recently relied on the so-called umbrella theory of damages to decide that the plaintiffs had an antitrust injury necessary to pursue an injunction. While this decision has garnered attention for enjoining the defendants from completing an acquisition, it also is noteworthy for its reliance on the disputed umbrella theory of damages. … Continue Reading

CFIUS Report Reflects Continued Need to Plan for Government Scrutiny of Cross-border Transactions

By Danyll Foix on March 24, 2015 Posted in CFIUS

The Committee on Foreign Investment in the United States (CFIUS) recently reported its 2013 activities, confirming the continuation of its heightened review and investigation of certain foreign direct investments in U.S. businesses. CFIUS, a panel of high-level Washington bureaucrats, was described in a prior post. CFIUS reviews and investigates mergers and acquisitions that could result … Continue Reading

FTC Commissioner Wright Calls for Vote on Section 5 Guidelines

By Danyll Foix on February 27, 2015 Posted in BakerHostetler, Events, Sherman Act 5

FTC Commissioner Joshua Wright, during yesterday’s keynote speech at BakerHostetler’s Section 5 Symposium, announced his plan to call for the FTC Commissioners to vote on three proposed definitions of Section 5’s “unfair methods of competition.” Covering the Section 5 Symposium and Commissioner Wright’s announcement, Global Competition Review wrote: “Joshua Wright will ask his four Federal Trade Commission … Continue Reading

To Report or Not to Report, That Is the CFIUS Question

By Danyll Foix on February 16, 2015 Posted in CFIUS, Government Investigations, Merger, Merger Review, Premerger Notification

With the complexities inherent in many cross-border transactions – from cultural differences to the growing number of competition authorities demanding paperwork – the last thing one may want to think about is whether to submit a voluntary report of a transaction to the Committee on Foreign Investment in the United States (CFIUS). The recent decision … Continue Reading

What is the CFIUS: Information to Know When Doing Transactions with Foreign Parties

By Danyll Foix on November 3, 2014 Posted in CFIUS, Government Investigations, Merger, Merger Review, Premerger Notification

U.S. Senator Debbie Stabenow’s recent and much publicized unveiling of legislation to expand the CFIUS review process of transactions likely caused businesspeople everywhere to ask: “What’s the CFIUS?” In short, the Committee on Foreign Investment in the United States (“CFIUS”), comprised of high-level Washington bureaucrats, reviews certain domestic transactions involving foreign parties and determines or recommends … Continue Reading

Mushroom Court Ruling Sprouts Controversy on Whether Reliance on Lawyer Advice Maintains Affirmative Defense to Antitrust Claims

By Danyll Foix on October 27, 2014 Posted in Agriculture, Antitrust Exemptions & Immunities, Antitrust Litigation

A federal district court recently ruled that claims of “good faith reliance on counsel” were not sufficient to maintain a Capper-Volstead affirmative defense to the antitrust laws – a result that may soon collide with rulings by other courts considering the same issue. Several years ago, a Pennsylvania mushroom cooperative, its members, and various other … Continue Reading

BakerHostetler Antitrust Lawyer Examines Recent Developments in Antitrust Class Action Litigation

By Danyll Foix on October 14, 2014 Posted in Articles, BakerHostetler, Class Action Litigation

The Antitrust Review of the Americas 2015 features a chapter by BakerHostetler antitrust partner Edmund W. Searby entitled, “United States: Private Antitrust Litigation – Class Actions.” He wrote: “As many appreciate, two Supreme Court decisions in the last seven years have assisted the defense of antitrust class actions. The first and most significant is the enhancement … Continue Reading

Please Join BakerHostetler

By Danyll Foix on March 10, 2014 Posted in Events

Please join BakerHostetler for cocktails and hors d’oeuvres as we celebrate the arrival of the cherry blossoms in our nation’s capital. Thursday, March 27, 2014 | 6:00 – 8:00 p.m. EDT 1331 Bar & Lounge Located on the Pennsylvania Avenue Level JW Marriott Hotel 1331 Pennsylvania Avenue, NW Washington, DC 20004 RSVP by March 20 … Continue Reading

Webinar Now Available: Lessons Learned from FTC Investigation and Challenges of Healthcare Provider Transactions

By Danyll Foix on March 7, 2014 Posted in BakerHostetler, Events, Government Investigations, Healthcare, Merger Review

If you missed our webinar “Lessons Learned from FTC Investigation and Challenges of Healthcare Provider Transactions” featuring Former FTC Commissioner Pamela Jones Harbour and other antitrust partners from our Washington, D.C. office, you can listen and view the webinar by clicking here.… Continue Reading

Retaining the Attorney-Client Privilege in a Merger

By Danyll Foix on February 20, 2014 Posted in Antitrust Litigation, Merger

Editors’ Note: This post, originally authored by Jason D. Cabico and Steven H. Goldberg and published by BakerHostetler, is reprinted with permission. In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, Chancellor Strine of the Delaware Chancery Court recently reaffirmed that the target company in a Delaware merger is the … Continue Reading

BakerHostetler Lawyers to Present Webinar on Lessons Learned from FTC Investigations and Challenges of Healthcare Provider Transactions

By Danyll Foix on January 27, 2014 Posted in BakerHostetler, Events, Healthcare, Uncategorized

Members of BakerHostetler’s Antitrust and Competition team will present a webinar on February 26, 2014 which takes an in-depth look at FTC investigations and challenges of hospital and physician transactions. The topics will include: Insights from a former FTC Commissioner involved in nearly 30 healthcare enforcement actions while at the Commission Latest statistics on FTC … Continue Reading

BakerHostetler Lawyers Publish Chapter on Antitrust Trends in U.S. Agribusiness

By Danyll Foix on January 27, 2014 Posted in Agriculture, BakerHostetler

The 2014 Antitrust Review of the Americas features a chapter, “‘United States: Private Antitrust Litigation,” authored by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Partner and Editor of Antitrust Advocate Danyll W. Foix. They write, “The US agriculture and food market has become increasingly concentrated in several sectors and across multiple levels. … Continue Reading

Former FTC Commissioner Pamela Jones Harbour joins BakerHostetler’s Antitrust Team

By Danyll Foix on January 8, 2014 Posted in BakerHostetler

BakerHostetler is proud to announce that former Federal Trade Commissioner Pamela Jones Harbour has joined BakerHostetler’s Washington D.C. and New York offices. She joins the firm as a partner in the Antitrust and Competition Practice and as a national co-leader of the Privacy and Data Protection team. Harbour is well recognized for her knowledge in … Continue Reading