The Federal Trade Commission’s (FTC) Bureau of Competition has issued new guidance relating to the merger filing process. Effective September 27, 2021, the FTC will recommend enforcement action for companies that fail to include debt to be paid at closing in calculating the transaction value for purposes of the HSR Act. With the risk of … Continue Reading
Following a period of relative leniency for pharmaceutical companies, a Multilateral Pharmaceutical Merger Task Force formed by key antitrust enforcement agencies has been established to review and update merger analysis. The task force includes representatives from the Federal Trade Commission (FTC), the Canadian Competition Bureau, the European Commission Directorate General for Competition, the UK’s Competition … Continue Reading
Since the start of the global pandemic, state attorneys general continue to actively pursue price-gouging investigations against individuals and entities, but courts seem to be taking a different, more business-friendly approach. Recent case developments and law amendments highlight the fact that price-gouging laws are subject to limitations. Our team explores these issues in our latest … Continue Reading
On September 30, 2020, the United States Court of Appeals for the Third Circuit reversed a historic district court award ordering disgorgement of $448 million in profits to consumers of testosterone replacement drugs under Section 13(b) of the Federal Trade Commission (FTC) Act, adding fuel to the fire of the current circuit split over this … Continue Reading
On September 9, 2020, a federal judge in California dismissed antitrust claims brought by hiQ Labs, Inc. against LinkedIn Corp., holding that hiQ’s antitrust claims failed to properly define the relevant market. This case highlights the rising likelihood of data-related disputes by commercial parties and the potential for data access restrictions to prompt competition claims. … Continue Reading
With reports of excessive pricing on the rise around the globe, it is critical that companies understand the price gouging rules and regulations and their enforcement in each country where they do business. Our team has compiled a global price gouging resource guide to help our clients navigate the differing approaches taken by governments and regulatory … Continue Reading
The Department of Justice’s Antitrust Division updated its Merger Remedies Manual for the first time in more than a decade. The updates improve upon the 2004 Manual by providing a significantly more detailed account of the Division’s approach to preserving competition pre- and post-merger. Our team highlights the various revisions and additions to the Manual … Continue Reading
Our U.S. team members recently joined Reed Smith’s Countering the Crisis podcast to provide an overview of the U.S. laws around price gouging in light of COVID-19. The episode addresses various ways to spot and report alleged price gouging, as well as ways to protect against price gouging claims. Our team also shares their thoughts … Continue Reading
When COVID-19 swept the globe and disrupted the production and distribution of goods, it gave way to some companies taking advantage of consumers by significantly increasing prices. As governments across the world have started taking action against unfair or excessive prices, we examine the global enforcement trends in this space and offer practical advice to … Continue Reading
As U.S. meat packaging and processing companies persevere to supply the nation’s grocery shelves during the COVID-19 pandemic, the industry finds itself once again under the regulatory spotlight. On May 6, 2020, President Donald Trump asked the Department of Justice (DOJ) to investigate allegations that U.S. beef and pork producers violated federal antitrust laws. Just … Continue Reading
On April 16, the CEO of the Hong Kong Competition Commission, Brent Snyder, announced extensive changes to the agency’s leniency program, aligning Hong Kong’s program more closely with the U.S.’s. Snyder previously served as Deputy Assistant Attorney General for criminal enforcement at the U.S. Department of Justice, Antitrust Division, so these changes do not come … Continue Reading
On February 5, 2020, Assistant Attorney General Makan Delrahim spoke at the Media Institute on the current merger review landscape (see Makan Delrahim, “Getting Better: Progress and Remaining Challenges in Merger Review”). While he celebrated an administrative success, he also forewarned of a formidable obstacle to effective agency enforcement. Delrahim remarked that since the Antitrust … Continue Reading
On November 1, 2019, the Federal Trade Commission (FTC) upheld the decision of an administrative law judge (ALJ), finding that the non-reportable acquisition of FIH Group Holdings, LLC (Freedom) by Otto Bock HealthCare North America, Inc. (Ottobock) was likely to substantially lessen competition. Ottobock and Freedom are both manufacturers of prosthetic knees, and they both … Continue Reading
In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential … Continue Reading
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction test and the size-of-person test. Members … Continue Reading
Recently, the DOJ has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements, in which companies agree not to hire or solicit each other’s employees. Interestingly, in February of this year, the DOJ filed Statements of Interest in several civil antitrust cases brought against franchisors, taking the position that … Continue Reading
