On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it had withdrawn three policy statements that established certain enforcement “safety zones” or safe harbors for the exchange of competitively sensitive information and benchmarking exercises.
Competition Corner
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The Long Reach of China’s Anti-Monopoly Law
In a recent move with potential implications for foreign companies doing business with China-based individuals and entities, the Guangzhou Intellectual Property Court recently announced that it has accepted a case brought by a Chinese e-commerce company against Amazon Europe alleging a violation of China’s Anti-Monopoly Law.
Landmark Ruling Paves the Way for Streamlined Health Care Transactions
On September 27, 2023, a Louisiana federal court issued a landmark ruling addressing the intersection of the Hart-Scott-Rodino (HSR) Act and the Certificate of Public Advantage (COPA) regimes adopted by various states.
FTC Seeks to Put Private Equity Roll-Up Strategies to Sleep
The Federal Trade Commission’s (FTC) continued scrutiny of private equity “roll-up” strategies resurfaced in a recent complaint filed in Texas federal court alleging that the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) and its portfolio company U.S. Anesthesia Partners, Inc. (USAP) entered into a “multi-year anticompetitive scheme to consolidate anesthesiology practices in…
Illinois Joins Growing Number of States Passing “Baby HSR” Pre-Merger Filing Requirements for Health Care Deals
Illinois has adopted a new antitrust law, effective January 1, 2024, requiring pre-merger notification of certain transactions between health care entities, including hospitals and provider groups.Illinois has adopted a new antitrust law, effective January 1, 2024, requiring pre-merger notification of certain transactions between health care entities, including hospitals and provider groups. With the new law,…
DOJ and FTC Propose New Merger Guidelines—But Will Courts Follow?
After a series of withdrawals of key antitrust policy statements and guidance documents and announcing an intention to make changes to the merger guidelines, the Federal Trade Commission and Department of Justice (the Agencies) recently jointly released for public comment updated draft merger guidelines (the Proposed Guidelines).After a series of withdrawals of key antitrust policy…
USDA and State AGs Join Forces to Target Competition Concerns in Food and Agriculture
The U.S. Department of Agriculture (USDA) and the attorneys general of 31 states and the District of Columbia launched an “Agricultural Competition Partnership” on July 19, 2023, to “enhance competition and protect consumers in food and agricultural markets.” This partnership between USDA and a bipartisan group of states is dedicated to helping states identify and…
A Glimpse into Antitrust Merger Review’s New Frontier
After a series of withdrawals of key antitrust policy statements and guidance documents and announcing an intention to make changes to the merger guidelines, the Federal Trade Commission and Department of Justice (the Agencies) have released new proposed Merger Guidelines.After a series of withdrawals of key antitrust policy statements and guidance documents and announcing an…
No More Antitrust “Safety Zones” (Part II): FTC Follows DOJ’s Withdrawal of Antitrust Policy Statements in Health Care
On July 14, 2023, the Federal Trade Commission joined action previously taken by the DOJ Antitrust Division in February 2023 and formally withdrew two longstanding antitrust enforcement policy statements directly affecting the health care industry and considered strong guidance across other sectors. Each of the policy statements had originally been issued jointly by the DOJ…
Price Discrimination in Disguise: Promotional Service Discrimination Claims Under the Resurging Robinson-Patman Act
With a potential comeback in store for the Robinson-Patman Act, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex pricing structures and supply chain relationships. With a potential comeback in store for the Robinson-Patman Act (RPA), companies need to be able to identify, address, and ideally…