The Attorney General of the State of Washington (the State) scored another victory last week in its federal antitrust challenge to Franciscan Health System’s (Franciscan) affiliations with two competing physician practices, Washington v. Franciscan Health System, Case No. C17-5690 (W.D.
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 7
THE LATEST: FTC’s New “Technology Task Force” Has Broad Mandate Including Review of Consummated Transactions
The US Federal Trade Commission’s (FTC) Bureau of Competition announced the launch of a new Technology Task Force that will investigate anticompetitive conduct, review past transactions, as well as contribute to pending merger reviews. The FTC’s investigation of consummated transactions…
Cartel Snapshot: February 2019
Q4 UPDATE: OVERVIEW OF CARTEL INVESTIGATIONS
Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust enforcement. DOJ’s criminal and civil fines in 2018…
Out of Bounds: Sports Agencies Flagged for Anticompetitive Bidding Agreements
The US Department of Justice (DOJ) recently sued former joint venture partners because they allegedly coordinated their competitive activities beyond the legitimate scope of their venture. This case illustrates several important points. First, companies who collaborate through joint ventures and…
General Court Annuls European Commission Decision on Belgian Excess Profit Exemption System
By Mai Muto
On 14 February 2019, the General Court of the European Union (GCEU) annulled the decision of the European Commission (Commission) on the Belgian excess profit exemption system (SA.37667) in its entirety on the ground that the Commission erroneously categorized the…
Federal Jury Finds that Ericsson’s Licensing Offer to HTC is FRAND
On February 15, a Texas federal jury found that Ericsson did not breach its obligation to offer HTC licenses to its standard-essential patents (SEPs) on fair, reasonable and non-discriminatory (FRAND) terms. The verdict ended a nearly two-year dispute as to…
Annual EU Competition Review 2018
McDermott’s Annual EU Competition Review summarizes key developments in EU competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There were also many interesting cases decided by the General Court and…
EU Court of Justice Confirms Annulment of Commission Prohibition Decision Due to a Procedural Irregularity
By Mai Muto
On 16 January 2019, the Court of Justice of the European Union (CJEU) dismissed the appeal by the European Commission (Commission) against the 2017 judgment of the General Court of the European Union (GCEU). This annuls the Commission’s decision to…
Mexican Competition Authority Sanctions BorgWarner and REMY Holdings for Gun Jumping
On January 31, the Board of the Mexican Competition Authority—the Federal Economic Competition Commission (COFECE)—approved REMY Holdings International’s acquisition of BorgWarner’s vehicle aftermarket business. However, the companies failed to file and were fined for their misconduct (~$153,134). The fine was…
Aerospace & Defense Series: Antitrust Risks for Aerospace and Defense Contractors in Employment Practices
As highlighted in a recent lawsuit, aerospace and defense contractors can face various antitrust risks when using certain tactics to prevent other companies from hiring their employees. See Hunter v. Booz Allen Hamilton Holding Corp., No. 2:19-CV-411 (S.D. Ohio). The…