Tag Archives: FTC

FTC Proposes Sweeping Changes to HSR Reporting Requirements

Photo of Marc SchildkrautPhoto of Steven H. GoldbergPhoto of Thomas HoganPhoto of Carl HittingerPhoto of Jeffrey E. LiskovBy Marc Schildkraut, Steven H. Goldberg, Thomas Hogan, Carl Hittinger and Jeffrey E. Liskov on Posted in Alert
On June 27, the Federal Trade Commission issued a press release announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR). The proposed changes will substantially increase the information that must be gathered and reported in connection with an HSR filing. These changes, if adopted, would multiply the … Continue Reading

2023 HSR Filing Thresholds and New Filing Fee Structure Announced

Photo of Thomas HoganPhoto of Jeffrey E. LiskovBy Thomas Hogan and Jeffrey E. Liskov on Posted in Alert, FTC
US moneyOn Jan. 25, the Federal Trade Commission (FTC) published a notice in the Federal Register announcing the 2023 filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The notice also announced the new HSR filing fee structure as mandated by the recently enacted Merger Filing Fee Modernization Act of 2022. The … Continue Reading

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

Photo of BakerHostetlerPhoto of Carl HittingerPhoto of Joyce Ackerbaum CoxPhoto of Tyson HerroldPhoto of Christine M. KennedyBy BakerHostetler, Carl Hittinger, Joyce Ackerbaum Cox, Tyson Herrold and Christine M. Kennedy on Posted in Alert
Federal Trade CommissionKey Takeaways On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the Proposed Rule would become a federal regulation making it an “unfair method of competition” for an employer … Continue Reading

Federal Trade Commission’s Historic Attempt to Drive a Mack Truck Through the Sherman Act

Photo of Carl HittingerPhoto of Jeffry DuffyPhoto of Tyson HerroldPhoto of Justin KadouraBy Carl Hittinger, Jeffry Duffy, Tyson Herrold and Justin Kadoura on Posted in Alert
Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing “standalone” claims of “unfair methods of competition” that can be brought by the FTC alone under Section 5 of the FTC Act and that do not independently violate the Sherman, Clayton or Robinson-Patman acts. Although the FTC’s … Continue Reading

DOJ’s Kanter: New Merger Guidelines to Address Enforcement’s ‘Disconnect’ with Court Precedent and Market Realities

Photo of Joshua JowdyPhoto of Thomas HoganBy Joshua Jowdy and Thomas Hogan on Posted in Antitrust Litigation
On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks[1] at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his leadership. After touting the Antitrust Division’s increased appetite for merger control litigation in the 10 months since his appointment, delivering on a promise that negotiated … Continue Reading

Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements

Photo of BakerHostetlerPhoto of Nicholas RosePhoto of Tyson HerroldBy BakerHostetler, Nicholas Rose and Tyson Herrold on Posted in Antitrust Litigation
In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se treatment. __ U.S. __, 141 S.Ct. 2141, 2151 (2021). Recently, in Deslandes v. McDonald’s USA, LLC, Judge Jorge … Continue Reading

1-800 Contacts Settles Class Action Lawsuit With Roots in FTC Action

Photo of Darley MawPhoto of BakerHostetlerBy Darley Maw and BakerHostetler on Posted in Advertising
Back in 2016, the Federal Trade Commission (FTC) sued 1-800 Contacts, claiming the online retailer devised an anticompetitive scheme with other online lens retailers to restrict search terms.  The FTC charged that 1-800 Contacts and its competitors entered into agreements which prevented the other online contact lens retailers from bidding for search engine keywords in … Continue Reading

COVID-19 Antitrust Agency Announcements and Procedural Changes

Photo of Brady CumminsBy Brady Cummins on Posted in Antitrust & Politics, FTC
Over the past several weeks, the U.S. antitrust enforcement agencies – the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) – have made several public announcements regarding changes to antitrust investigations and regulatory processes in response to the COVID-19 pandemic. In addition to changes to filing and meeting processes, … Continue Reading

Should Antitrust Laws Tackle Privacy Issues? DOJ and State AGs Continue Google Investigations in Response to Privacy Concerns

Photo of Darley MawBy Darley Maw on Posted in Data Privacy
Months have passed since it was first revealed in July 2019 that the Department of Justice (DOJ), in response to various stakeholders’ concerns, was conducting a review into certain “market-leading online platforms” and whether they engaged in antitrust violations.[1] U.S. Attorney General William Barr reiterated that the government was “taking a closer look at the … Continue Reading

BakerHostetler Partners Publish Article Examining Reverse-Payment Suits Five Years After Actavis

Photo of BakerHostetlerBy BakerHostetler on Posted in Antitrust Litigation, Healthcare, Patents
Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018. The article, “Actavis and Reverse-Payments Suits in the Third Circuit After Five Years,” examines how purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and remain one … 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

The FTC Is Looking You Up and Down(stream): Insights From the Acting Director of the Bureau of Competition on Antitrust Enforcement for Vertical Mergers

Photo of Bill DeVinneyBy Bill DeVinney on Posted in FTC, Merger
Since Assistant Attorney General Delrahim’s inaugural remarks on vertical mergers (covered here), the business press has been atwitter about the antitrust enforcement agencies’ views of those mergers. Bruce Hoffman, the acting director of the Federal Trade Commission Bureau of Competition, recently delivered a speech explaining that the FTC will continue to review vertical mergers as … Continue Reading

Presidential Powers and Antitrust Politics: Part Three

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Antitrust & Politics, Articles
In July and August, we discussed the president’s role in setting antitrust policy at the Department of Justice, Antitrust Division. Specifically, we pointed out that presidents routinely face competing domestic and foreign policy challenges that require a delicate balance and flexible approach to antitrust enforcement. For example, President John F. Kennedy directed the DOJ to … Continue Reading

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

Photo of Danyll FoixBy Danyll Foix on 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

Case Closed! FTC Announces New Processes for Potentially Ending Investigations

Photo of Danyll FoixBy Danyll Foix on Posted in FTC, Government Investigations
Earlier this week, the Federal Trade Commission’s Acting Chair, Maureen K. Ohlhausen, announced new and potentially meaningful processes to be implemented by the agency for reviewing and ending some investigations. Responding to President Trump’s directives aimed at eliminating wasteful and unnecessary regulations, Ohlhausen stated that the FTC would be “focusing our resources where they will … Continue Reading

What to Expect From FTC during Trump Administration: New Leader Illuminates

Photo of Carey BusenBy Carey Busen on Posted in FTC, Government Investigations
On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since 2012, shed some light on the role the FTC may have under her leadership during the new administration. Ohlhausen briefly summarized a “few areas in … Continue Reading

FTC Still Ramping Up Antitrust Review of Health Care Mergers

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Healthcare, Merger Review
Last month, we reported on the Federal Trade Commission’s (FTC) steady filing of injunctions to block what are effectively local mergers of small health care providers. In 2007, the FTC filed suit in Saint Alphonsus Medical Center v. St. Luke’s Health System, its first successful challenge to a hospital merger in recent history. Since then, … Continue Reading

BakerHostetler Antitrust Lawyer Reviews Unusual Incentive Payment/Failing Firm Defense Remedy in Recent Hospital Merger

Photo of BakerHostetlerBy BakerHostetler on Posted in Articles, FTC, FTC Act, Government Investigations, Healthcare, Merger Review
Antitrust Partner Danyll W. Foix wrote an article, published November 17, 2016 by Law360, reviewing the Federal Trade Commission’s acceptance of an unusual settlement for a challenged hospital merger, explaining that “the settlement ends the FTC’s challenge of a transaction that was too small to be reportable under the Hart-Scott-Rodino Act, and the settlement is … Continue Reading

FTC Takes Action to Block Hospital Mergers

Photo of Carl HittingerPhoto of Tyson HerroldBy Carl Hittinger and Tyson Herrold on Posted in Healthcare, Merger Review
In the 1990s, Federal Trade Commission (FTC) enforcement actions to block mergers between health care providers were a rare phenomenon successfully obtained. In many instances, state Attorneys General filled the role of watchdog, especially since hospital mergers were relatively small and implicated local markets. Many, like the Pennsylvania Attorney General, were unable to convince the … Continue Reading

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

Photo of Danyll FoixBy Danyll Foix on 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

How to Avoid Antitrust Trouble in Wake of North Carolina Dental Ruling on State Action Immunity

Photo of BakerHostetlerBy BakerHostetler on Posted in Antitrust Exemptions & Immunities, Articles, BakerHostetler
BakerHostetler Antitrust Litigation Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article for The Antitrust Review of the Americas 2016, published by Global Competition Review. The article, headlined “United States: Private Antitrust Litigation,” analyzes emerging cases in the wake of North Carolina State Board of Dental Examiners v. Federal Trade Commission. These cases, … Continue Reading

Forcing Exclusivity on Your Customers May Not Be the Best Competitive Response

By Jonathan Lewis on Posted in FTC Act, Sherman Act 5
In the words of the director of the Federal Trade Commission’s (FTC’s) Bureau of Competition, the recent enforcement against Invibio, Inc., the first company to sell implant-grade polyetheretherketone, known as PEEK, to medical device makers, “affirms that the first company to enter a market cannot rely on anticompetitive contract terms to lock up customers and … Continue Reading

FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm

By Mitchell Oates on Posted in Patents
The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent infringement litigation under the Hatch-Waxman Act. In its 2013 FTC v. Actavis opinion, the U.S. Supreme Court held that certain settlements involving “reverse payments” may … Continue Reading
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