On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more
12/29/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
Private Equity ,
Request For Information ,
The Clayton Act ,
Transparency ,
Vertical Mergers
On July 9th, President Biden issued a broad-based Executive Order “to promote competition in the American economy.” In the White House’s own words...more
The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more
On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more
In the process of green-lighting a vertical merger with a firewall remedy, the current Federal Trade Commission (“FTC” or “Commission”) exposed a significant partisan divergence in the commissioners’ approach to vertical...more
In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more
A federal district court denied summary judgment motions brought by both sides in the government’s antitrust suit against a Michigan hospital alleging an agreement not to compete in violation of Section 1 of the Sherman Act....more
6/7/2017
/ Advertising ,
Anti-Kickback Statute ,
Antitrust Violations ,
Attorney General ,
Competition ,
Department of Justice (DOJ) ,
Hospitals ,
Non-Compete Agreements ,
ProMedica ,
Sherman Act ,
Summary Judgment
Even with a reduced lineup of only two commissioners — the Republican Acting Chair and one Democratic Commissioner — the Federal Trade Commission (the “FTC” or “Commission”) filed an administrative complaint this week against...more
6/2/2017
/ Administrative Law Judge (ALJ) ,
Anti-Competitive ,
Antitrust Immunity ,
Antitrust Litigation ,
Antitrust Violations ,
Appraisal ,
Competition ,
Dodd-Frank ,
Federal Trade Commission (FTC) ,
FTC Act ,
Mortgage Lenders ,
Real Estate Market ,
Real Estate Professionals ,
Section 5 ,
State Action Immunity ,
State Boards
In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more
8/4/2016
/ American Express ,
Anti-Steering Rules ,
Antitrust Violations ,
Appeals ,
ATMs ,
Banks ,
Civil Conspiracy ,
Competition ,
Conflicts of Interest ,
Credit Cards ,
Damages ,
Debit and Credit Card Transactions ,
Debit Cards ,
Discover Bank ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Injunctive Relief ,
Interchange Fees ,
Market Power ,
MasterCard ,
Merchant Fees ,
Merchants ,
Petition for Writ of Certiorari ,
Price-Fixing ,
Reversal ,
Settlement ,
Sherman Act ,
Visa Inc
On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth...more