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1
DOJ Intends To Criminally Prosecute No Poaching Agreements
The Antitrust Division of the Department of Justice has recently confirmed that it intends to bring criminal antitrust prosecutions of companies that have entered into "wage-fixing" or "no poaching" agreements.
United States
21 Mar 2018
2
Discriminating Tastes: Court Puts Long-Running Robinson-Patman Act Case To Rest
Described as the Rodney Dangerfield of the antitrust laws, the Robinson-Patman Act—which prohibits anticompetitive price discrimination—gets no respect.
United States
27 Sep 2015
3
Collusion Course: The Limits Of Hot Documents
Discovery in antitrust cases often involves a search for smoking-gun documents.
United States
22 Jun 2015
4
Fit To Be Tied: Appeals Court Redefines Tying Arrangements Based On Bundled Pricing
Corporate antitrust compliance programs often spotlight the dangers of tying arrangements.
United States
18 May 2015
5
Lee Simowitz Discusses Antitrust In The Healthcare Industry
BakerHostetler partner Lee Simowitz spoke as part of the panel, "Negotiating the antitrust minefield," during Modern Healthcare’s Virtual Conference and Expo.
United States
22 Oct 2014
6
What The WTP? The Rise Of Merger Simulation In Hospital Transactions
If you are a health system or hospital thinking about a potential transaction and your lawyers have not spoken with you about hospital merger simulation, maybe you should be talking with someone else.
United States
22 May 2014
7
To Report, Or Not To Report, Your Non-Reportable Transaction Is The Question
Just because a proposed transaction does not have to be reported in advance to the DOJ or FTC, you are not out of the woods.
United States
8 May 2014
8
Connecticut’s Attorney General Wants To Know In Advance If You Are Going To Join Forces With A Healthcare Provider
Back in early 2013, Connecticut’s Attorney General formed a "Health Care Competition Working Group" within his office.
United States
29 Apr 2014
9
Sometimes Merger Fixes Are As Close As The End Of Your Nose
When it comes to negotiating merger remedies with federal antitrust enforcement agencies, the DOJ and the FTC each have guides or statements that may help.
United States
17 Apr 2014
10
Pharmaceutical Association Calls Out FTC In Filing Seeking To Enjoin New Rule Targeting The Industry
Last November, the Federal Trade Commission ("FTC") with the "concurrence" of the Antitrust Division of the Justice Department, and over the strenuous objection of Pharmaceutical Research and Manufacturers of America ("PhRMA"), issued final changes to the Hart-Scott-Rodino Act premerger notification rules limited solely to pharmaceutical industry.
United States
19 Feb 2014
11
FTC Victory In Idaho Hospital-Physician Acquisition Case Should Be A Wake-Up Call For Future And Past Deals
The ink is still drying on the Idaho federal district court’s order requiring St. Luke’s Health System ("St. Luke’s") to unwind its acquisition of Saltzer Medical Group ("Saltzer") – a for-profit.
United States
2 Feb 2014
12
Past As Prologue: Rebirth Of The Merger Trial And The Bazaarvoice Case
For many years after its implementation, the Hart-Scott-Rodino Antitrust Improvements Act of 1976 seemed to sound the death knell of post-consummation merger trials.
United States
24 Jan 2014
13
NY Governor Signs "Unprecedented" Legislation Allowing Public Healthcare Provider "A Blank Check To Engage In A Huge Swath Of Anticompetitive Activities With No Oversight" -- Will Other States Follow?
New York Governor Cuomo signed legislation this week authorizing Nassau Health Care Corporation, a public healthcare provider that operates a hospital, skilled nursing facility and several community health centers located in Nassau County, Long Island, New York.
United States
11 Nov 2013
14
NY Governor Signs "Unprecedented" Legislation Allowing Public Healthcare Provider "A Blank Check To Engage In A Huge Swath Of Anticompetitive Activities With No Oversight" – Will Other States Follow?
Despite vocal opposition from New York Attorney General Schneiderman's office, New York Governor Cuomo signed legislation this week authorizing Nassau Health Care Corporation...
United States
2 Nov 2013
15
Could An Idaho Healthcare Merger Impact Other Mergers, Including The American/US Airways Merger?
With the trial over, post-trial briefs due November 1, and closing arguments scheduled for November 7, a lot more is at stake than whether St. Luke’s Health System can keep Saltzer Medical Group – a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians located in Nampa, Idaho.
United States
31 Oct 2013
16
FTC Healthcare Merger Retrospective Again?
Two weeks into the FTC’s and Idaho AG’s antitrust trial challenging hospital system St. Luke’s Health System ("St. Luke’s") acquisition of the Saltzer Medical Group ("Saltzer") – a for-profit, physician-owned, multi-specialty group comprising approximately 44 physicians located in Nampa, Idaho – a lot more is at stake than just whether St. Luke’s eventually will be ordered to unwind its acquisition of Saltzer.
United States
14 Oct 2013
17
Provider Healthcare Merger Retrospective On The Horizon At FTC -- Again?
With the first week in the Federal Trade Commission's and Idaho attorney general's antitrust trial challenging St. Luke's Health System's acquisition of the Saltzer Medical Group, a for-profit, physician-owned, multispecialty group comprising approximately 44 physicians located in Nampa, Idaho, already in the books, a lot more is at stake than just whether St. Luke's is eventually ordered to unwind its acquisition of Saltzer.
United States
10 Oct 2013
18
Game Over — "Unique Circumstances" End FTC Challenge To Phoebe Putney Acquisition
After running the table in the Supreme Court with a unanimous decision and then convincing a district court judge in Georgia to halt further consolidation of Phoebe Putney Health System and Palmyra Medical Center, the Federal Trade Commission recently agreed to settle its antitrust challenge of Phoebe Putney's acquisition of Palmyra without requiring divesture or any other remedial relief.
United States
25 Sep 2013
19
Fix My Merger - Lessons From FTC Bureau Director Feinstein On The Use Of Consent Orders To Remedy Anticompetitive Mergers
In her first speech since becoming Director of the Federal Trade Commission's Bureau of Competition, Deborah Feinstein highlighted five benefits arising from addressing antitrust violations through consent orders and dispelled a number of "persistent myths" about their use.
United States
24 Sep 2013
20
FTC Investigations of Technology Transactions – Am I At Risk?
A recent article in the Antitrust Law Journal, "A Survey of Evidence Leading to Second Requests at the FTC," by Darren S. Tucker, a FTC attorney advisor who reviewed non-public information on decisions to investigate proposed transactions for the period August 2008 to August 2012, sheds light on the types of evidence the FTC staff considers when determining whether a transaction warrants a "second request" under the Hart-Scott-Rodino Act.
United States
18 Sep 2013
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