P. Gavin Eastgate

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On January 15, 2015, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (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 and size-of-person tests. Click here to read the full issued alert.…
On January 17, 2014, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (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 and size-of-person tests. Click here to read the issued client alert.…
This post was also written by Jessica R. Rose. The U.S. Supreme Court last week issued a significant decision subjecting pay-for-delay settlements, a common practice in the pharmaceutical industry, to antitrust review. Also known as reverse payments, these settlements typically involve payments from a brand drug manufacturer to a generic drug manufacturer to settle patent litigation that would jeopardize the brand manufacturer’s legal, patent-protected monopoly. In FTC v. Actavis, a five-member majority of the…
This post was also written by Daniel I. Booker and Jeremy D. Feinstein. Class certification under Federal Rule of Civil Procedure 23(b)(3) requires a finding that damages attributable to the theory of liability are measurable on a classwide basis, the Supreme Court decided today in Comcast v. Behrend. Justice Scalia, writing for a five-justice majority, emphasized that class certification is improper if plaintiffs offer only a generalized method of measuring classwide damages. According to the…
On January 10, 2013, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. Please click here to read the issued Client Alert.…
The Federal Trade Commission (“FTC”) is seeking public comment on proposed changes to the premerger notification rules to clarify when the transfer of exclusive marketing, sales and manufacturing rights to a patented pharmaceutical product requires notification to the agencies under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR Act”). The proposed rule changes are applicable only to the pharmaceutical industry. The comment period closes October 25, 2012. Notice of the rule…
On January 24, 2012, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. The revised HSR thresholds will apply to all transactions that close on or after the effective date, which is 30 calendar days following publication…
On March 31, 2011, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a joint proposed Statement of Enforcement Policy to explain how the agencies intend to enforce U.S. antitrust laws with respect to Accountable Care Organizations (ACOs) – groups of health care providers that will be collaborating under the Patient Protection and Affordable Care Act. The proposed Statement is intended to ensure that health care providers have the guidance they need to…
Taking on the issue for the first time, the Court of Appeals for the Third Circuit rejected a district court’s certification of a nationwide class of indirect purchasers under various state antitrust laws. Over the objections of some class members, the district court had certified the class as part of a settlement. While state antitrust statutes generally mirror the federal antitrust laws, many have more lenient standing requirements. In 1977, in Illinois Brick v. Illinois,…
This post was also written by Katherine Mathews and Ariel Nieland. The Federal Trade Commission has announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds will take effect February 22, 2010 and will govern all transactions closing on or after that date. The new thresholds have decreased the dollar amount required to trigger HSR notification and waiting period requirements with…