Antitrust

Back in March, we wrote a blog post regarding the FTC and DOJ’s joint statement on antitrust guidance for COVID-19 public health efforts. As part of the press release, the Agencies announced that companies could request an expedited staff opinion on requests for review of collaborative COVID-19-related business efforts. The Agencies would endeavor to respond to all requests within seven business days. On Saturday, the DOJ issued its first business review letter, allowing to come to fruition a joint effort by McKesson, Owens & Minor, Cardinal Health, Medline, and Henry Schein (the “Medical Supplies Distributors”) to expedite and increase manufacturing, sourcing, and distribution of personal-protective equipment (PPE) and COVID-19-related medication.

As the COVID-19 pandemic continues to spread, so too have concerns about collaboration between competitors attempting to address unmet needs due to this national emergency. Shortages of medical supplies, personal protective equipment (PPE), and health care services pose questions of whether stakeholders can join forces in order to provide these much needed services and supplies.

Read about the FTC’s 2020 “size of transaction” and “size of person” thresholds for premerger reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

On December 12, 2019, the Antitrust Division of the Department of Justice filed an antitrust case and simultaneous settlement against the National Association for College Admission Counseling (NACAC).  The complaint alleged that NACAC established and enforced illegal restraints on the ways that colleges compete in the recruiting of students.

Read about Third Point and three funds’ agreement to pay $609,810 to settle HSR Act antitrust allegations related to their delayed reporting of securities acquired due to the merger of third parties.

Read about Canon Inc. and Toshiba Corporation’s agreement to pay $2.5 million each to settle DOJ antitrust allegations associated with a $6.1 billion transaction.

This alert discusses State of Washington v. Franciscan Health System, outlines its proposed settlement, and reviews the important takeaways for health care provider affiliations.

Just when observers thought Qualcomm could celebrate its successful litigation with Apple another decision has come down which could have major implications for Qualcomm’s business going forward.

Read about the Sixth Circuit's rejection of a hospital plaintiff’s per se antitrust claim against a dominant competitor in The Medical Center at Elizabeth Place, LLC v. Atrium Health System.

Bruce Sokler discusses the consent decree that resolved the Department of Justice’s attack against Atrium Health in which the DOJ challenged Atrium’s use of anti-steering provisions in their contracts with insurers.

Rob Kidwell provides an overview of the Committee on Foreign Investment in the United States (CFIUS) and the recent amendments to the statute governing the committee as well as how these changes impact business transactions.

This alert from the Mintz health care antitrust team outlines the reasoning behind a California court’s March 14, 2019 decision against Sutter Health — a case involving claims of alleged price tampering and combination to monopolize.

This antitrust alert highlights two filings made by the DOJ last week in cases pending in federal district courts in North Carolina and Washington.

Read about the FTC’s new “size of transaction” and “size of person” thresholds requiring reporting under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

Read about FTC commissioners’ divergent views on vertical mergers detailed in statements filed with a proposed consent order regarding Staples’ acquisition of Essendant.

Read about the 11th Circuit's denial of Blue Cross Blue Shield’s appeal of a ruling that its allegedly restrictive practices must be analyzed under the per se standard.

This alert reviews the DOJ’s Competitive Impact Statement on the Atrium case, which suggests that providers including anticompetitive steering restrictions in payor contracts may face antitrust risks.

Read about a DOJ Antitrust Division proposed settlement that would bar Atrium Health from using anticompetitive steering restrictions in payor contracts.