Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased interest in this area, and companies should refresh and audit their
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 - Page 6
Antitrust Litigation Update for Health Care Providers
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable rise, what kinds…
Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm
Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision—FTC v. Qualcomm—on the question of…
Sixth Circuit Decision Affirms Summary Judgment Against Antitrust Challenge to Hospital Joint Operating Company’s Contracting Conduct
A recent decision by the US Court of Appeals for the Sixth Circuit is important for competitors involved in joint ventures because it states what mode of antitrust analysis—the per se rule or the rule of reason—applies to the conduct…
Federal Judge Finds Qualcomm Violated the FTC Act Through Monopolistic and Exclusionary Conduct
On May 21, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly position as a modem…
Antitrust M&A Snapshot | US Tackles Vertical Merger Enforcement Guidelines while the EC Blocks 2 Transactions
The first quarter of 2019 proved to be as active as ever for antitrust regulators in both the United States and Europe. In the United States, vertical merger enforcement was the focus of a few high-profile matters. The US DOJ…
FTC Hearing on Broadband
The tenth of the FTC’s Hearings on Competition and Consumer Protection in the 21st Century focused on competition and consumer protection issues in US broadband markets. The panelists addressed developments in US broadband markets, technology, and law since the FTC staff’s…
THE LATEST: DOJ Distinguishes ‘No-Poach’ Agreements
By Nicole Castle & Matt Evola
WHAT HAPPENED:
- The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between franchisors like Carl’s Jr, Auntie Anne’s and Arby’s and their
…
Antitrust M&A Snapshot | Regulator Focus on High-Tech Transactions, Acquisitions and Impact on Innovations
Antitrust regulators in the United States and Europe were very active in the final quarter of 2018 closing a large number of cases requiring in-depth investigations. In the United States, regulators continue their focus on the potential need to update…
Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws
Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s Liquor…