Last week was an exciting week in the world of merger challenges. Decisions were issued by federal courts regarding the Federal Trade Commission’s (FTC) efforts to preliminarily block two different mergers – one involving office supply retailers, the other, hospitals. The FTC was able to convince one judge that its case had merit, but not
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ABA Section of Antitrust Law Spring Meeting 2016: Clarifying liability in hub-and-spoke conspiracies
Last in our series on the ABA Antitrust Section’s 2016 Spring Meeting, but certainly not least, we bring you Jetta’s summary of the panel discussion on hub-and-spoke conspiracies. These conspiracies seem to be in vogue now, with the Apple (e-book) case prominent among them. Not surprisingly, the government and the defense bar sees these cases very differently.…
ABA Antitrust Section’s Spring Meeting 2016: Agency update with Deputy Assistant Attorneys General
DOJ’s Antitrust Division is headed by an Assistant Attorney General, who is assisted by several Deputies, referred to as DAAGs (Deputy Assistant Attorneys General). In one presentation, the various DAAGs presented their view on the Division’s enforcement efforts, both civil and criminal. Continuing our series on the 2016 Spring Meeting, Allen summarizes their presentation so you…
ABA Section of Antitrust Law Spring Meeting 2016: The FTC and the new frontier of privacy
Continuing our series on the 2016 Spring Meeting, Ryan Graham, an associate in the Antitrust Group and former analyst with the FBI’s Cyber Division, summarizes the panelists’ thoughts on the FTC’s future focus as it relates to privacy and data security.
Privacy and data security lawyers would love to know what initiatives the Federal Trade…
ABA Section of Antitrust Law Spring Meeting 2016: The most important case of 2015 (that no one has ever heard of)
Continuing our series on the 2016 Spring Meeting, Brodie Butland summarizes the contentious panel discussion at the 2016 ABA Antitrust Conference, titled “Telemedicine: Are Old Definitions Restricting Competition?”
The Supreme Court’s 2014-15 term was nearly unprecedented. Same-sex marriage is now legal across all 50 states. The Affordable Care Act survived yet another challenge. Lethal injection…
ABA Section of Antitrust Law Spring Meeting 2016: International perspectives on online vertical restraints
As Co-Chair of the Antitrust Practice Group, it is my pleasure to bring you a series of articles summarizing some of the seminars presented at the recent ABA Antitrust Section Spring Meeting. The Spring Meeting is the Antitrust Section’s hallmark event and brings together thousands of competition and consumer protection attorneys and related professionals from…
Breaking: President Obama’s executive order requires all federal agencies to examine antitrust issues
Earlier this morning, President Obama announced the issuance of an executive order that broadly requires all executive agencies and departments to take steps to address competition concerns. The executive order comes on the heels of a report issued by the White House’s Council of Economic Advisors that details the increasing concentration of markets in the…
United we fall? 6th Circuit holds that members of hospital network may not be a single entity under the antitrust laws
The U.S. Court of Appeals for the 6th Circuit recently issued an opinion with potential antitrust impact on joint ventures—in the healthcare realm and beyond. The case was originally filed by a Dayton-area surgical center, The Medical Center at Elizabeth Place, against a competing local hospital network, Premier Health Partners. The plaintiff claims that Premier…
Supreme Court refuses to deny use of “representative evidence” to certify a class
Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative evidence” in proving predominance under Federal Rule of Civil Procedure 23(b)(3). Instead it held that, in certain cases, “representative evidence” – evidence representative of a…
Avoiding data disclosures mid-litigation: a lesson from the U.S. Women’s National Soccer Team
Have you ever wanted to email Abby Wambach or Alex Morgan on their personal email accounts? If so, then last week may have been your lucky week. According to a recent report by the New York Times, the United States Soccer Federation (US Soccer) filed an unredacted complaint in its labor litigation against the US…