The Federal Trade Commission announced that it has increased the threshold for reporting proposed mergers and acquisitions subject to enforcement under Section 7A of the Clayton Act to $75.9 million. The new thresholds will take effect 30 days after they are officially published in the Federal Register. In November, the FTC approved a $1.2 billion […]
Category Archives: Federal Trade Commission
House Subcommittee Questions FTC Over Its Approval of $29.1 Billion Pharmacy Merger
December 6, 2013 – 2:36 pm
Under questioning from the House Commerce, Manufacturing and Trade subcommittee, Federal Trade Commission chairwoman Edith Ramirez defended the FTC’s decision to approve the $29.1 billion merger of Express Scripts Inc. and Medco Health Solutions Inc. In April 2012, FTC approved the merger, despite concerns that the tie-up would harm competition. Responding to concerns from the […]
Judge Announces He Will Reverse Pay-for-Delay Dismissal Judgment If Appellate Court Remands In Light of Recent Supreme Court Decision
October 31, 2013 – 3:53 pm
In In Re: AndroGel Antitrust Litigation (No. II), Northern District of Georgia Judge Thomas W. Thrash Jr. announced that, if the Eleventh Circuit remands the case, he would overturn the dismissal of the plaintiffs’ pay-for-delay claims given the U.S. Supreme Court’s recent decision. That case involved a Federal Trade Commission prosecution of the same settlement […]
FTC Considering Investigating Patent Trolls
September 22, 2013 – 9:11 am
Patent trolls, which call themselves non-practicing entities (NPE), are companies that acquire patents with no intent to practice the patented technology. Instead, they seek out potential infringers and demand royalties. These entities argue that they perform an efficient service in ensuring that inventors receive a return on their inventive effort. That return, NPE’s contend, increases […]
US Supreme Court Permits Antitrust Challenges to Reverse Payment Settlements
September 8, 2013 – 11:40 am
In FTC v. Actavis, the U.S. Supreme Court held that a settlement in a patent infringement case in which the patent holder pays money to the alleged infringer not to introduce its product into the market could violate the antitrust laws under the Rule of Reason. The Court rejected the scope-of-the-patent doctrine that had been adopted […]
Bar on Non-Dentists Offering Teeth Whiting Not Immune from Antitrust Challenge
July 12, 2013 – 4:15 pm
In North Carolina State Board of Dental Examiners v. Federal Trade Commission, the U.S. Court of Appeals for the Fourth Circuit rejected the North Carolina dental board’s assertion of state action immunity for cease-and-desist letters that it sent to non-dentists providing teeth-whitening services. The court held that the state did not sufficiently supervise the ban. […]
FTC Moves to Block $2.8B Casino Deal
June 19, 2013 – 2:19 pm
In In the Matter of Pinnacle Entertainment Inc. and Ameristar Casinos Inc., the Federal Trade Commission moved to block Pinnacle Entertainment Inc. from buying Ameristar Casinos Inc. for $2.8 billion. In the proposed transaction, Pinnacle was to acquire Ameristar’s portfolio of eight casino resort properties. The Commission moved to block the deal because it was […]
FTC Judge Dismissed FTC’s Iron Pipe Fittings Price-Fixing Conspiracy Claim
May 29, 2013 – 4:39 pm
In In the Matter of McWane Inc, and Star Pipe Products Ltd., Federal Trade Commission Administrative Judge D. Michael Chappell dismissed a price-fixing conspiracy claim in FTC’s law suit against McWane Inc., holding that McWane did not conspire with two other competitors — Star Pipe Products Ltd. and Sigma Corp. — to fix prices on […]
FTC Gets Another Chance to Challenge $195 Million Hospital Merger
May 13, 2013 – 3:39 pm
In Federal Trade Commission v. Phoebe Putney Health Systems inc. et al., the Eleventh Circuit granted Federal Trade Commission’s motion to remand its challenge of Phoebe Putney Health System Inc.’s $195 million acquisition of a nearby rival, back to the district court, to decide whether to stop the hospitals from further integrating their operations. In […]
Antitrust Enforcement Agencies Oppose Use of Arbitration Clause to Block Class Actions
March 19, 2013 – 1:21 pm
In American Express Co. et al. v. Italian Colors Restaurant et al., the U.S. Supreme Court will decide whether an arbitration agreement can legitimately include a waiver of the right to class adjudication. The Department of Justice, Antitrust Division, and the Federal Trade Commission have filed a brief arguing that the provision improperly prevents parties […]