Archives: Antitrust Compliance

Subscribe to Antitrust Compliance RSS Feed

Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?

Photo of Marc SchildkrautBy Marc Schildkraut on Posted in Antitrust Compliance, Healthcare
The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate of Public Advantage (“COPA”) authorization are exempt from Hart-Scott-Rodino Act pre-merger notification. Recent FTC Setbacks In AMG Capital Management v. FTC, the U.S. Supreme … Continue Reading

Report from the 2023 ABA Antitrust Section Annual Conference – Criminal Updates and Developments

Photo of Kayley SullivanBy Kayley Sullivan on Posted in Antitrust Compliance
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers gave updates on new policy initiatives and continued areas of focus that companies should be mindful of in their practices and in evaluating the effectiveness … Continue Reading

Antitrust Division Announces Newfound Intent to Pursue Monopolization Cases Criminally

Photo of BakerHostetlerBy BakerHostetler on Posted in Antitrust & Politics, Antitrust Compliance, Government Investigations
This week, during a panel discussion at the American Bar Association’s annual National Institute on White Collar Crime, Antitrust Division Deputy Assistant Attorney General Richard Powers sent shockwaves through the defense bar with a surprising revelation. Speaking about the Antitrust Division’s plans for vigorous enforcement, he revealed that the Division intends to use its power to … Continue Reading

Discriminating Tastes: Court Puts Long-running Robinson-Patman Act Case To Rest

By Lee Simowitz on Posted in Antitrust Compliance, Robinson-Patman Act
Described as the Rodney Dangerfield of the antitrust laws, the Robinson-Patman Act—which prohibits anticompetitive price discrimination—gets no respect. The Justice Department and the Federal Trade Commission unapologetically refuse to enforce the Act, and the FTC has called for its repeal. Courts often treat the Act with undisguised disdain; one court (quoting a law review article) … Continue Reading

Fit to Be Tied: Appeals Court Redefines Tying Arrangements Based on Bundled Pricing

By Lee Simowitz on Posted in Antitrust Compliance, Sherman Act 2
Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that must-have product only if customers buy a second product that they don’t want (or at least would rather buy elsewhere). Tying arrangements are easy for … Continue Reading

Clear Expectations: DOJ Outlines Tenets of an Effective Antitrust Compliance Program

Photo of Carl HittingerPhoto of George StamboulidisBy Carl Hittinger, George Stamboulidis and Erik Raven-Hansen on Posted in Antitrust Compliance
There has never been a greater emphasis on policing anticompetitive behavior worldwide. Dozens of countries have instituted effective and aggressive cartel enforcement programs following a trend of increased global enforcement, and criminal antitrust fines in the United States alone exceeded $1 billion in both 2013 and 2012. [1] Prison sentences up to 10 years have also been … Continue Reading
LexBlog