Tag Archives: Antitrust

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

Yer Out (For Now): MLB Dismissed from Antitrust Lawsuit Because of Historic Antitrust Exemption

Photo of Julian PerlmanBy Julian Perlman on Posted in Antitrust Exemptions & Immunities
In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost on the eve of the World Series, this decision (now under appeal) will surely keep the MLB’s … Continue Reading

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

Photo of Carl HittingerPhoto of BakerHostetlerBy Carl Hittinger and BakerHostetler on Posted in Alert
Key Takeaways U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. The elements enumerated in the Zito plea agreement are the same elements required in a civil case, but prosecutors may encounter obstacles trying to prove these elements beyond a … Continue Reading

DOJ Antitrust Division Not Backing Down on Labor

Photo of BakerHostetlerPhoto of Kayley SullivanBy BakerHostetler and Kayley Sullivan on Posted in DOJ
Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and Assistant Attorney General Jonathan Kanter continue to proudly tout their continued aggressive stance, with Kanter recently stating that the Division … Continue Reading

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

Photo of BakerHostetlerPhoto of Carl HittingerPhoto of Tyson HerroldPhoto of Nicholas RoseBy BakerHostetler, Carl Hittinger, Tyson Herrold and Nicholas Rose on Posted in Class Action Litigation
Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S. District Court for the Northern District of Illinois is notable because it held that the “568 Exemption,” on which many … Continue Reading

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Antitrust Litigation
For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league staff. In exchange, major league teams receive a share of minor league revenue and access to budding talent. The year … Continue Reading

NCAA, COVID and Paying Players: Negotiating Payment in the Midst of a Pandemic

Photo of BakerHostetlerBy BakerHostetler on Posted in Sports
In May, three judges on the U.S. Court of Appeals for the Ninth Circuit ruled unanimously against the NCAA in its appeal of the lower court decision, finding that the organization’s policies that prohibit student-athletes from being compensated are, in fact, anticompetitive. Last year we examined the decision in Alston v. NCAA, an opinion by … Continue Reading

Big Day for Big Tech: CEOs Testify in House Antitrust Hearing

Photo of Joshua JowdyPhoto of BakerHostetlerBy Joshua Jowdy and BakerHostetler on Posted in Technology
On Wednesday, July 29, 2020, the House Judiciary Committee’s Subcommittee on Antitrust conducted its sixth hearing into online platforms and market power, welcoming as witnesses the chief executive officers of Amazon, Apple, Google, and Facebook. The hearing lasted more than five hours and was styled as “Examining the Dominance of Amazon, Apple, Facebook and Google.” … Continue Reading

Fishy Price Fixing Leads to 40-month Jail Stint

Photo of Darley MawBy Darley Maw on Posted in Price-Fixing
On June 16, following a monthlong trial, Christopher Lischewski, former CEO and president of Bumble Bee Foods LLC, was sentenced by Judge Edward Chen of the Northern District of California to 40 months in prison plus a $100,000 fine for orchestrating a canned tuna price-fixing conspiracy. Lischewski’s sentence demonstrates the punishment individuals should be prepared … Continue Reading

Protection of Consumers and the Public in Response to the COVID-19 Pandemic

Photo of Rachel Palmer HooperBy Rachel Palmer Hooper on Posted in Antitrust Litigation
Federal and state authorities are working to protect consumers and the public during the current COVID-19 pandemic. The Department of Justice (DOJ) issued a cautionary press release announcing its “intention to hold accountable anyone who violates the antitrust laws of the United States in connection with the manufacturing, distribution, or sale of public health products … Continue Reading

Can ‘Hijacking’ a Single Cryptocurrency Network Violate Antitrust Laws?

Photo of Ivory L. Bishop, Jr.By Ivory L. Bishop, Jr. on Posted in Cryptocurrency
On Jan. 28, a federal judge in Florida dismissed without prejudice the nation’s first antitrust suit involving cryptocurrency. The plaintiff, United American Corporation Inc., (UAC), alleged that five entities and six individuals conspired to hijack and centralize the Bitcoin Cash network by combining their efforts during a crucial software upgrade vote, causing the diminution in … Continue Reading

Is Big Chicken Cooked? DOJ Intervenes in Price-Fixing Investigation

Photo of Carl HittingerPhoto of Jeanne-Michele MarianiBy Carl Hittinger and Jeanne-Michele Mariani on Posted in Articles
Pork is the other white meat, beef is what’s for dinner, and chicken is now under investigation by the Department of Justice for possible antitrust violations. Looks like the DOJ is back in the criminal cartel investigation business. In June, the DOJ intervened in a class action antitrust lawsuit, filed in the U.S. District Court … Continue Reading

Carl Hittinger, Jeanne-Michele Mariani Assess Justice Kavanaugh’s Testimony Regarding Antitrust Law

Photo of Carl HittingerPhoto of Jeanne-Michele MarianiBy Carl Hittinger and Jeanne-Michele Mariani on Posted in Antitrust Litigation
Partner Carl Hittinger and Associate Jeanne-Michele Mariani authored an article published Oct. 26, 2018, by The Legal Intelligencer. The article, “Justice Kavanaugh’s Antitrust Testimony Before the Senate Judiciary Committee,” examines the testimony of U.S. Supreme Court Justice Brett Kavanaugh during his confirmation hearings last month, before his nomination was approved in the Senate. They write that when asked about his … Continue Reading

A Look at Judge Kavanaugh’s Antitrust Record

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Articles
BakerHostetler Partner Carl Hittinger and Associate Tyson Herrold authored an article published Aug. 24, 2018, by The Legal Intelligencer. The article, “Is Judge Kavanaugh a Fan of Antitrust Laws? Let’s Take a Look,” examines the limited antitrust jurisprudence record of U.S. Court of Appeals Judge Brett Kavanaugh, who has been nominated to replace Justice Anthony … Continue Reading

Update: Section 1 Challenge to Jimmy John’s No-Poach Agreement Survives Motion to Dismiss

Photo of Bill DeVinneyBy Bill DeVinney on Posted in Class Action Litigation, Sherman Act 1
We recently wrote that the Department of Justice’s and the Federal Trade Commission’s announcements condemning no-poaching agreements already have sparked civil class actions, including a putative class action against Jimmy John’s. Butler v. Jimmy John’s Franchise, LLP, No. 18-cv-0133, 2018 WL 3631577 (S.D. Ill. July 31, 2018). Since then, the district court denied a motion … Continue Reading

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

Photo of Danyll FoixBy Danyll Foix on 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

Join Us for a Teleconference on New ABA Publication, “Antitrust Class Actions Handbook”

Photo of BakerHostetlerBy BakerHostetler on Posted in BakerHostetler
The ABA recently released a new publication that should be of interest to antitrust practitioners, the Antitrust Class Actions Handbook, Second Edition. The Handbook comprehensively addresses issues that arise before, during and after the filing of an antitrust class action. The ABA Antitrust Section is hosting a teleconference featuring Handbook authors and editors this Friday, … Continue Reading

No Health Care Merger Too Small for the FTC to Take an Antitrust Look

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in FTC, Healthcare
In our November and December 2016 articles, we discussed the Federal Trade Commission’s proclivity to challenge health care mergers, even when the purported anticompetitive effects of the relatively economically limited merger would be confined to a local geographic region. For example, in 2014, the FTC, joined by the Idaho state attorney general, in St. Alphonsus … Continue Reading

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

Photo of Danyll FoixBy Danyll Foix on 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

New Antitrust Division Chief Prioritizes Regulation of Standard Setting Organizations

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Articles, Patents
As we discussed in our May 2017 article, the current head of the DOJ’s Antitrust Division, Makan Delrahim, brings considerable intellectual property experience to the division. Delrahim started his legal career at the Office of the U.S. Trade Representative as deputy director for intellectual property rights. He later served on the Intellectual Property Task Force … Continue Reading

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

Photo of Danyll FoixBy Danyll Foix on 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

Antitrust Partner Dan Foix Presents at AAI Conference

Photo of BakerHostetlerBy BakerHostetler on Posted in Agriculture, Events
Danyll Foix, an antitrust partner in BakerHostetler’s Washington, DC office, will be a speaker at the 11th Annual Private Enforcement Conference of the American Antitrust Institute on November 7, 2017. Foix will join a panel discussion of “Agriculture Antitrust Class Actions,” which will review recent private enforcement actions in agricultural industries, consider challenges specific to such cases, and … Continue Reading

DOJ’s Possible Antitrust Chief’s Senate Confirmation Hearing

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Antitrust & Politics, Articles
Last month, we discussed Makan Delrahim’s background, including his experience litigating antitrust and intellectual property matters at the Department of Justice during the George W. Bush administration and his extensive lobbying work at Brownstein, Hyatt, Farber and Schreck. On May 10, senators from the Senate Judiciary Committee held a hearing and asked Delrahim about several … Continue Reading

Trump’s Pick for Department of Justice Antitrust Division Chief

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Antitrust & Politics, Articles
Last month we discussed Supreme Court Justice Neil Gorsuch’s confirmation hearings. Specifically, we noted the Senate Judiciary Committee’s failure to nail Gorsuch down on key antitrust issues, including issues he handled as an experienced antitrust lawyer and decided as a judge on the U.S. Court of Appeals for the Tenth Circuit, which we also wrote … Continue Reading
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