Tag Archives: Federal Trade Commission (FTC)

Independent Health Care Providers Beware – FTC Actions Against Group Contracting Efforts Continue

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 FTC and DOJ Update the Antitrust Guidelines for the Licensing of Intellectual Property

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

Antitrust Update: 2017 HSR Thresholds

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

Individual Investors Pay Civil Penalties for Failing to Report Acquisitions of Voting Securities to the Federal Trade Commission

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

U.S. Antitrust Agencies Update International Enforcement Guidelines

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

DOJ Antitrust Division refuses to issue review letter on legality of private auctions to resolve string contention sets

This post was also written by Brad R. Newberg and Gregory S. Shatan. For several years now, we have been tracking the tortuous road that ICANN (Internet Corporation for Assigned Names and Numbers) has been traveling to make good on its promise, or its threat (depending on your perspective), starting this spring, to expand exponentially … Continue Reading

FTC’s Proposed Rule Changes Modify HSR Reporting Requirements for Pharmaceutical Exclusive Licensing Deals

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

Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations

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

Reed Smith Partner Stephen Murphy Talks FTC and Unfair Competition Enforcement

This post was written by Stephen P. Murphy. I was fortunate to be invited as a guest commentator on The Washington Legal Foundation’s video blog, Legally Brief, about the significance of the recent settlement of the Federal Trade Commission v. Intel Corp. administrative complaint. The complaint appears to presage a return of the FTC to active … Continue Reading

Federal Trade Commission Announces Adjusted HSR Thresholds For 2010

This post was also written by Katherine Mathews and Ariel Nieland. The Federal Trade Commission has 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 will take effect February 22, 2010 and will govern all transactions closing on or after that … Continue Reading
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