On September 9, 2019, the Ninth Circuit Court of Appeals rejected LinkedIn’s privacy argument in hiQ Labs, Inc. v. LinkedIn Corp., declaring that selectively banning potential competitors from accessing and using public data “may well be considered unfair competition under California law.” The Ninth Circuit also cautioned Big Tech companies against anticompetitive practices when it … Continue Reading
Since 2010, with its cases filed against a number of leading technology companies, the Department of Justice (DOJ) has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements in which companies agree not to hire or solicit each other’s employees. The DOJ and the Federal Trade Commission (FTC) issued … Continue Reading
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The FTC revises the thresholds annually based on the change in gross national product. The revised HSR thresholds will apply to all transactions … Continue Reading
Last week in a hearing before the Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Assistant Attorney General (AAG) Makan Delrahim announced that the Department of Justice (DOJ) is pursuing criminal charges against competitors who allegedly engaged in a price-fixing scheme facilitated by the use of search algorithms. While he did not reveal further … Continue Reading
The Department of Justice Antitrust Division (DOJ) announced May 15 that it is investigating the proposed acquisition of the Chicago Sun-Times newspaper by the owner of rival publication the Chicago Tribune. As a condition of proceeding with the sale, the DOJ has required that the Chicago Sun-Times advertise for an alternative buyer. The investigation demonstrates … Continue Reading
The Federal Trade Commission (“FTC”) recently charged a Puerto Rico ophthalmologist cooperative with organizing a group boycott of a health plan in violation of section 5 of the FTC Act. This action demonstrates the need for providers to be heedful of the antitrust laws when engaging in group contracting efforts. While agreements among independent providers … Continue Reading
The Federal Trade Commission and Department of Justice have made their first amendments to the Antitrust Guidelines for the Licensing of Intellectual Property since their origin in 1995. The guidelines were updated in light of the fundamental changes in statutory and case law, agency enforcement, and policy work. The updates support innovation while incorporating the … Continue Reading
Duke Energy Corporation (Duke) agreed to pay $600,000 to settle a DOJ claim that it violated the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) by failing to comply with the HSR waiting period requirement. The complaint from the DOJ originated from Duke’s acquisition of the Osprey natural gas power plant from Calpine Corporation, which … Continue Reading
On January 19, 2017, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new minimum filing threshold will be $80.8 million. All of the revised thresholds are higher … Continue Reading
The Hart-Scott-Rodino Act (“HSR Act”) requires companies and individuals to report large transactions above certain thresholds to the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), and then to observe a 30-day waiting period before closing their transactions. In two recent cases, investors resolved FTC allegations that they failed to observe these requirements … Continue Reading
The Department of Justice and Federal Trade Commission have revised the Antitrust Guidelines for International Enforcement and Cooperation after twenty years. These revisions, effective on January 13th, 2017, stress the need for collaboration between competition agencies in a globalized economy. To read more about the guidelines please click here.… Continue Reading
On January 15, 2015, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction and size-of-person tests. Click here to read the full … Continue Reading
On January 17, 2014, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction and size-of-person tests. Click here to read the issued client … Continue Reading
This post was also written by Daniel I. Booker and Jeremy D. Feinstein. Class certification under Federal Rule of Civil Procedure 23(b)(3) requires a finding that damages attributable to the theory of liability are measurable on a classwide basis, the Supreme Court decided today in Comcast v. Behrend. Justice Scalia, writing for a five-justice majority, emphasized that … Continue Reading
This post was also written by Jeremy D. Feinstein and Jessica R. Rose. Pennsylvania officials are taking steps to enact a comprehensive state antitrust law that would subject businesses to new antitrust risks at the state level. Most notably, the legislation would make minimum resale price maintenance per se illegal under Pennsylvania law. Minimum resale price maintenance is a … Continue Reading
On January 10, 2013, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. Please click here to … Continue Reading
The Federal Trade Commission (“FTC”) is seeking public comment on proposed changes to the premerger notification rules to clarify when the transfer of exclusive marketing, sales and manufacturing rights to a patented pharmaceutical product requires notification to the agencies under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR Act”). The proposed … Continue Reading
On January 24, 2012, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. The revised HSR thresholds … Continue Reading
The Department of Health and Human Services (HHS) issued a final Rule on Thursday, May 19, 2011 that provides for review of “unreasonable” premium rate increases and requires that: (1) insurance companies to provide consumers with information about the reasons for such rate increases, and (2) states provide an opportunity for public input in the … Continue Reading
On March 31, 2011, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a joint proposed Statement of Enforcement Policy to explain how the agencies intend to enforce U.S. antitrust laws with respect to Accountable Care Organizations (ACOs) – groups of health care providers that will be collaborating under the Patient Protection and … Continue Reading
