Recent Development in Antitrust and International Trade Law
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Proposed Legislation Seeks to Provide Companies with Consistent Merger Reviews

September 11, 2014 at 9:07 pm

On September 10, 2014, the House Judiciary Committee passed legislation to eliminate certain discrepancies between merger reviews conducted by the Federal Trade Commission and Department of Justice. The Standard Merger and Acquisition Reviews Through Equal Rules Act (SMARTER Act), H.R. 5402, introduced by Rep. Blake Farenthold (R-TX), would codify certain […]

FTC Sues Pharmaceutical Companies for Allegedly Entering Into Illegal Pay For Delay Agreements Not to Sell Low Cost Versions of AndroGel to Consumers

September 10, 2014 at 9:45 pm

On September 8, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that several major pharmaceutical companies with entering into an anticompetitive agreement that effectively blocks U.S. consumers’ access to lower-cost versions of the blockbuster drug AndroGel. Background […]

FTC to Host Workshop on Fraud in Vulnerable Communities

September 10, 2014 at 9:38 pm

The Federal Trade Commission will host a workshop entitled “Fraud Affects Every Community” on Oct. 29, 2014, in Washington to examine how fraud affects groups including older adults, United States service members and veterans, low-income communities, and African-Americans, Latinos, Asians Americans, and Native Americans. According to the FTC, this workshop […]

FTC Changes Stance on Proposed Settlement After Public Comments

September 7, 2014 at 9:05 pm

On September 5, 2014, the Federal Trade Commission (“FTC”) announced that it is retracting the proposed settlement agreement with Phoebe Putney Health System, Inc (“Phoebe”), for the extended antitrust litigation regarding its acquisition of its rival Palmyra Park Hospital (“Palmyra”) in Albany, Georgia. The FTC decided to retract its initial […]

FTC Approves Final Order for Actavis Acquisition of Forest Laboratories

September 7, 2014 at 5:19 pm

On September 5, 2014, following a public comment period, the Federal Trade Commission (“FTC”) has approved a final order settling charges that Actavis plc (“Actavis”)’s acquisition of Forest Laboratories (“Forest”), Inc. would likely be anticompetitive. Under the proposed order, the two companies agreed to divest four drugs in order to preserve competition […]

FTC Approves Prestige Brands Holdings Acquisition of Insight Pharmaceuticals With Conditions

August 30, 2014 at 7:54 pm

On August 28, 2014, Pharmaceutical company Prestige Brands Holdings, Inc. (“Prestige”), the maker of Dramamine, agreed to divest assets and marketing rights for the over-the-counter (“OTC”) motion sickness drug Bonine to settle Federal Trade Commission (“FTC”) charges that Prestige’s proposed acquisition of Insight Pharmaceuticals Corporation (“Insight”) would likely be anticompetitive. […]

Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation

August 21, 2014 at 8:28 pm

Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation On August 20, 2014, the Federal Trade Commission (“FTC”) announced that Berkshire Hathaway Inc. (“Berkshire”) agreed to pay a civil penalty of $896,000, the maximum civil penalty that could have been imposed, for its alleged violation of the […]

Waste Management Company Agree to Change Contracting Practices

July 15, 2014 at 5:13 pm

On July 14, 2014, New York State Attorney Eric Schneiderman announced that Casella Wastes (“Castella”), a waste management company based in Vermont but also serving New York, agreed to change its existing contracting practices in the face of antitrust scrutiny. Casella was found to have unlawfully restricted competition through its […]

Concierge Medicine Provider Sues Rival, Citing Antitrust Concerns

July 15, 2014 at 5:10 pm

On July 14, SignatureMD, a concierge medicine provider, sued its competitor, MDVIP, in federal court over allegations that the latter’s business practices violated the Sherman Antitrust Act, as well as California’s antitrust and unfair competition statutes in the Cartwright Act. According to the lawsuit, MDVIP, the largest provider of concierge […]

Amazon Under Antitrust Probe Over e-Book Wrangling

July 12, 2014 at 5:12 pm

On July 11, 2014, Germany’s association of booksellers announced that European Union (“EU”) officials contacted them regarding its dispute with Amazon.com. The booksellers have already asked German antitrust authorities to investigate Amazon, alleging that the online retailer is delaying the shipment of one of its member, Bonnier AG’s books over […]