News & Analysis as of

Monopolization The Clayton Act Federal Trade Commission (FTC)

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

Goodwin on

The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

Stevens & Lee

U.S. Anesthesia Partners and Welsh Carson File Motions to Dismiss FTC Antitrust Case

Stevens & Lee on

As reported in a prior blog post, the Federal Trade Commission (“FTC”) filed suit in federal district court in September alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson,...more

Cozen O'Connor

FTC Attempts to Unroll Anesthesiology Consolidation in Texas

Cozen O'Connor on

The FTC filed a lawsuit against U.S. Anesthesia Partners, Inc. (USAP), and private equity company Welsh, Carson, Anderson & Stowe XI, L.P. and affiliated entities (collectively, Welsh Carson), alleging that they violated the...more

Holland & Knight LLP

FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

Holland & Knight LLP on

The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more

Adler Pollock & Sheehan P.C.

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other...more

Patterson Belknap Webb & Tyler LLP

Microsoft and Activision: Where Things Stand

Since the announcement of a proposed merger between Microsoft and Activision Blizzard, Inc. (“Activision”) in February 2022, enforcement agencies worldwide have adopted a spectrum of positions in response. The EU Commission...more

Husch Blackwell LLP

New Draft Merger Guidelines Complicate Deal Outlook

Husch Blackwell LLP on

Consistent with the Biden administration’s whole-of-government approach to address perceived consolidation in a variety of industries, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division...more

Stevens & Lee

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

Stevens & Lee on

We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

McDermott Will & Emery

Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach

McDermott Will & Emery on

In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more

Vinson & Elkins LLP

Winter 2021-2022 Antitrust Cartel Primer

Vinson & Elkins LLP on

This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more

Foley & Lardner LLP

A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger...

Foley & Lardner LLP on

Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more

Skadden, Arps, Slate, Meagher & Flom LLP

Facebook Rulings Are a Setback for Antitrust Regulators but May Spur Amendments

On June 28, 2021, Judge James E. Boasberg of the U.S. District Court for the District of Columbia granted Facebook’s motions to dismiss two parallel antitrust complaints filed by the Federal Trade Commission (FTC) and a group...more

BCLP

New Antitrust Bills Highlight Continued Big Tech Scrutiny

BCLP on

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

Mintz - Antitrust Viewpoints

Peabody and Arch Coal Walk Away from Joint Venture After District Court Grants FTC’s Request for Preliminary Injunction

On September 29, 2020, Judge Sarah Pitlyk, a 2019 Trump appointee to the Eastern District of Missouri, granted the Federal Trade Commission’s request for a preliminary injunction barring two thermal coal producers, Arch...more

Foley & Lardner LLP

Antitrust Scrutiny of Technology Companies Continues to Expand

Foley & Lardner LLP on

Governmental and private antitrust actions against technology companies expanded in 2018 and 2019, particularly relative to electronics and pharmaceutical companies.  This post provides an overview of several important...more

Foley & Lardner LLP

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

Foley & Lardner LLP on

A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

Sheppard Mullin Richter & Hampton LLP

DraftKings and FanDuel Call Off Merger Following FTC Intervention

On July 13, 2017, daily fantasy sports providers DraftKings and FanDuel announced their decision to call off their proposed merger. Last month, the United States District Court for the District of Columbia issued a temporary...more

Sheppard Mullin Richter & Hampton LLP

FTC Temporarily Halts Proposed DraftKings-FanDuel Merger

On June 20, 2017, the United States District Court for the District of Columbia issued a temporary restraining order blocking the daily fantasy sports (DFS) companies DraftKings and FanDuel from consummating their proposed...more

Bracewell LLP

Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct

Bracewell LLP on

On February 19, 2013, the U.S. Supreme Court, in a unanimous decision, found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the...more

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