Last month, we discussed the antitrust jurisprudence of Neil Gorsuch, currently of the U.S. Court of Appeals for the Tenth Circuit judge and nominee to the Supreme Court of the United States. Our discussion focused on three of Gorsuch’s opinions
Antitrust Advocate
News, Developments and Practical Advice from Antitrust Leaders
Antitrust Advocate, published by Baker & Hostetler LLP, focuses on developments and analysis in antitrust law and competition policy. The blog covers topics such as merger reviews and challenges, enforcement actions by the Federal Trade Commission and Department of Justice, antitrust litigation including no-poach agreements and labor market issues, and regulatory changes affecting antitrust compliance. It also addresses international antitrust enforcement trends and legislative updates in jurisdictions like the UK, EU, and Canada. The blog provides insights into the intersection of antitrust law with technology markets, sports leagues, and environmental sustainability agreements.
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The Antitrust Points of View of Supreme Court Nominee Neil Gorsuch
Last March, we wrote a series of articles discussing Supreme Court Justice Antonin Scalia’s antitrust legacy on the Supreme Court. We noted Scalia’s admitted discomfort with the Sherman Act, specifically with holding corporate defendants, even monopolists, liable absent strong…
What to Expect From FTC during Trump Administration: New Leader Illuminates
By Carey Busen
On Jan. 25, President Trump named Maureen Ohlhausen as the Federal Trade Commission’s acting chairwoman. A recent speech by Ohlhausen, who has served as a commissioner for the FTC since 2012, shed some light on the role the FTC may…
Carl Hittinger Examines American Monopolists through the Lens of History, Politics
Partner Carl Hittinger has authored a series of articles for The Legal Intelligencer that explores the history of select American monopolists by posing two fundamental questions: Why have some monopolists succeeded in gaining, maintaining and increasing monopoly power where others
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Abrams, Commins, Foix Author Article on Antitrust Suit Counterclaims
Partners Robert Abrams, Gregory Commins and Danyll Foix authored an article published in “The Antitrust Review of the Americas 2017,” published by Global Competition Review. Their article, “United States: Private Antitrust Litigation,” reviews counterclaims in antitrust litigation in the United…
FTC Still Ramping Up Antitrust Review of Health Care Mergers
Last month, we reported on the Federal Trade Commission’s (FTC) steady filing of injunctions to block what are effectively local mergers of small health care providers. In 2007, the FTC filed suit in Saint Alphonsus Medical Center v. St. Luke’s…
BakerHostetler Antitrust Lawyer Reviews Unusual Incentive Payment/Failing Firm Defense Remedy in Recent Hospital Merger
Antitrust Partner Danyll W. Foix wrote an article, published November 17, 2016 by Law360, reviewing the Federal Trade Commission’s acceptance of an unusual settlement for a challenged hospital merger, explaining that “the settlement ends the FTC’s challenge of a transaction…
FTC Takes Action to Block Hospital Mergers
In the 1990s, Federal Trade Commission (FTC) enforcement actions to block mergers between health care providers were a rare phenomenon successfully obtained. In many instances, state Attorneys General filled the role of watchdog, especially since hospital mergers were relatively small…
FTC Accepts Practical ‘Failing Firm’ Defense in Ending Challenge of Nonreportable Transaction
By Danyll Foix
The Federal Trade Commission’s recently announced proposed settlement of its challenge of CentraCare Health’s acquisition of St. Cloud Medical Group (SCMG) is doubly noteworthy. The settlement ends the challenge of a transaction that apparently was not reportable under the Hart-Scott-Rodino…
How to Avoid Antitrust Trouble in Wake of North Carolina Dental Ruling on State Action Immunity
BakerHostetler Antitrust Litigation Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article for The Antitrust Review of the Americas 2016, published by Global Competition Review. The article, headlined “United States: Private Antitrust Litigation,” analyzes emerging cases…
