The COVID-19 pandemic has brought not only a healthcare crisis, but also one of the worst economic downturns in history. As businesses emerge from this crisis, there may be increased risk that employees may cross the line and engage in
Antitrust Alert
A Global Resource for Compliance Officers & Legal Advisors
Antitrust Alert, published by McDermott Will & Emery, focuses on developments and issues in antitrust law and competition policy. The blog covers topics such as antitrust compliance, enforcement actions by government agencies, merger and acquisition scrutiny, noncompete agreements, healthcare transactions, and competitor collaborations. It also addresses regulatory trends, litigation strategies, and policy advocacy related to antitrust matters. The content is aimed at helping businesses and legal professionals understand risks, regulatory expectations, and practical steps to manage antitrust concerns across various industries.
Latest from Antitrust Alert
CA SB 977 Would Expand AG Review of Healthcare Transactions
California Senate Bill (SB) 977, if passed, would broaden the type of healthcare transactions that require California Attorney General (AG) review and approval. SB 977 would require that a healthcare system, private equity group or hedge fund provide written notice…
FTC Continues To Zero In On Problematic M&A Noncompetes
Since September 2019, the Federal Trade Commission has challenged noncompete provisions in at least three transactions. These challenges demonstrate that the FTC will challenge noncompete provisions even when it concludes that the underlying transaction raises no substantive antitrust issues and…
Top Takeaways: Permissible Provider Collaborations During COVID-19 and Beyond
If you missed our latest webinar, enjoy the replay below and learn more as we provide highlights on competitor collaborations, avoiding violations in labor markets, provider M&A and partial acquisitions.
Competitor Collaborations
- Antitrust compliance remains an important priority in the
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Government Amicus Efforts Show Antitrust Policy Via Advocacy
Under the administration of President Donald Trump, the US Department of Justice’s Antitrust Division has significantly ramped up its private litigation amicus program.
The Antitrust Division has filed an increasing number of amicus briefs and statements of interest at the…
Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases
The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient. Instead, courts must conduct a rigorous analysis of the…
Antitrust M&A Snapshot | Quarter 1 2020
In the United States, The Federal Trade Commission (FTC) and Department of Justice (DOJ) faced new issues this quarter with the unprecedented challenges brought about by the COVID-19 global pandemic. In March, the agencies made certain changes to the merger…
What to Expect from FTC’S Big Tech Merger Review
On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile…
DOJ Will Not Challenge COVID-19 Response Distribution Collaboration
The United States Department of Justice Antitrust Division (DOJ) has issued a second Business Review Letter pursuant to the expedited review process it announced on March 24, 2020 to review conduct related to COVID-19 within seven days. The letter released…
Price Gouging in the Crosshairs During COVID-19
In the midst of the Coronavirus (COVID-19) pandemic, states are closely monitoring companies’ pricing of personal protective equipment, food and other essential supplies. Our latest post offers an overview of state price gouging laws and practical considerations for businesses as…