August 01, 2024 | Corporate Counsel
Chevron's Legacy Ends: What In-House Counsel Need to Know About HSR Filings NowThe Supreme Court's decision to overturn the Chevron doctrine marks a significant shift for all areas of administrative law. For in-house counsel, the change promises the potential to start rebalancing power between industry and regulators. One regulatory area in which in-house counsel may feel the immediate impact of this unpredictability is antitrust enforcement. The overturning of Chevron could make the already complex world of Hart-Scott-Rodino (HSR) pre-merger notification even more unpredictable.
By Corey Roush and Bill Mariano
6 minute read
August 15, 2012 | Inside Counsel
Supreme Court may decide whether “reverse payment” settlements violate antitrust lawPatent litigation in the pharmaceutical industry impacts billions of dollars in pharmaceutical sales annually.
By Leigh Oliver, Corey Roush, Logan Breed
9 minute read
June 29, 2012 | Inside Counsel
Supreme Court to determine whether state action doctrine can be used to circumvent antitrust lawsDespite losses at the district and appellate levels, the Federal Trade Commissions (FTC) fight to enjoin the merger of two hospitals in Albany, Georgia is not over.
By Leigh Oliver, Corey Roush, Logan Breed
4 minute read
June 04, 2012 | Inside Counsel
The benefits of “scrambling” merged eggsAfter almost a year of review, the Federal Trade Commission (FTC) announced early on the morning of April 2 that it had closed its investigation of the proposed merger between two large pharmacy benefit managersExpress Scripts Inc. and Medco Health Solutions Inc.without taking any action.
By Corey Roush, Logan Breed, Leigh Oliver
12 minute read
May 02, 2012 | Inside Counsel
IP acquisitions and antitrustOver the past several years, the technology industry has seen a sharp increase in patent-related litigation
By Logan Breed, Corey Roush, Leigh Oliver
12 minute read
April 02, 2012 | Inside Counsel
F.T.C. v. Graco Inc.: Widening the difference between merger challenges by the antitrust agenciesPractitioners and clients have long bemoaned the fact that a merger challenge by the Federal Trade Commission (FTC) is procedurally different than one by the Antitrust Division of the Department of Justice (DOJ) because the differences can have a substantive effect on the outcome of the merger challenge.
By Corey Roush, Logan Breed, Leigh Oliver
11 minute read
March 01, 2012 | Inside Counsel
FTC aggressively seeking to block provider consolidations while making way for ACOsFor the past several years, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have acted aggressively to protect competition in the health care industry. For example, the FTC has filed complaints to enjoin three separate proposed hospital consolidations in the last year.
By Logan Breed, Corey Roush, Leigh Oliver
4 minute read
April 08, 2013 | National Law Journal
Expect more government antitrust litigationWith Baer at the helm, DOJ's Antitrust Division will likely continue aggressive enforcement actions; FTC is harder to predict.
By J. Robert Robertson and Corey Roush
8 minute read
January 02, 2012 | National Law Journal
A continued role for market definition in merger casesDespite the antitrust agencies' recent attempt to create an alternative framework, most complaints still define markets.
By Janet McDavid and Corey Roush
8 minute read
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