NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
U.S. antitrust regulators, particularly the Federal Trade Commission, have been stepping up scrutiny of private equity investments in healthcare. On March 5, the FTC, along with the U.S. Department of Justice and the U.S....more
The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more
In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more
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
On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more
On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more
Last Thursday, the Federal Trade Commission (“FTC”) took the step of filing suit in federal court asserting that parties to a hospital acquisition who had obtained a Certificate of Public Advantage (“COPA”) from their state...more
The Federal Trade Commission (“FTC”) released a new Policy Statement of its enforcement priorities for Section 5 of the FTC Act, which makes unlawful “unfair methods of competition.” Since the passage of the FTC Act in 1914,...more
In a September 9, 2022 decision, Administrative Law Judge D. Michael Chappell dismissed a complaint filed by the FTC alleging that the $7.1 billion acquisition of multi-cancer early detection (MCED) test maker Grail, Inc. by...more
The FTC sued the world’s largest defense contractor, Lockheed Martin Corporation, and Aerojet Rocketdyne Holdings, Inc., the last independent U.S. supplier of missile propulsion systems, to block Lockheed Martin’s proposed...more
The FTC filed an administrative complaint against U.S. chip manufacturer Nvidia Corp. and U.K. chip design provider Arm Ltd. and its parent company (collectively “Arm”) to stop Nvidia’s $40 billion acquisition of Arm over...more
Under the Clayton Act (15 U.S. Code § 18), certain business acquisitions are prohibited where “the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.” Long-standing...more
The Federal Trade Commission (“FTC”) filed an administrative complaint and authorized a suit in federal court to block the acquisition of cement producer Keystone Cement Company (“Keystone”) by rival cement producer Lehigh...more
On March 23, the U.S. House of Representatives voted favorably on the Standard Merger and Acquisition Reviews Through Equal Rules Act (the “SMARTER Act”), H.R. 2745. The bill, introduced by Representative Blake Farenthold of...more
The Federal Trade Commission (“FTC”) accepted on Tuesday from Reynolds American Inc. (“Reynolds”) and Lorillard Inc. (“Lorillard”), subject to final approval, a Consent Order settling the agency’s significant competitive...more