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Inflation Reduction Act
New HSR Thresholds for 2014
The Federal Trade Commission (FTC) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 24, 2014. The revised thresholds will apply to any transaction closing on or after the...
FTC Broadens Notification Requirements for Transfers of Pharmaceutical Patent Rights
The Federal Trade Commission (FTC) has revised the rule for determining when a transfer of exclusive rights to a patent in the pharmaceutical industry (including biologics and medicine manufacturing) results in a potentially reportable asset acquisition under the Hart-Scott-Rodino (HSR)...
Court Rules That Patent Infringement Can Violate Antitrust Laws
Patent infringement can be considered anticompetitive conduct under federal antitrust law, according to a recent ruling issued by the U.S. District Court for the Eastern District of Texas. This ruling arose out of a dispute between Retractable Technologies, Inc. (Retractable)...
High Court Finds Antitrust Scrutiny Applies to Pay-for-Delay Settlements
On June 17, 2013, the U.S. Supreme Court determined that the Federal Trade Commission’s (FTC) antitrust challenge to a reverse payment settlement agreement between drug manufacturers, otherwise known as a “pay-for-delay” deal, may go forward, reversing the Eleventh Circuit’s dismissal...
Supreme Court Clarifies Antitrust Immunity For State-Sanctioned Conduct
On February 19, 2013, the U.S. Supreme Court, in a unanimous decision , found that a merger of two Georgia hospitals was not immune from federal antitrust laws under the "state-action" exemption, reversing a decision of the Eleventh Circuit Court...
FTC Proposes Rules for Withdrawal of HSR Merger Filings
The Federal Trade Commission (FTC) has proposed formalizing its process for handling withdrawals of merger notifications under the Hart-Scott-Rodino (HSR) Act in order to better allocate its resources. The proposed changes to the HSR rules, which have been published for...
HSR Thresholds Increase for 2013
The Federal Trade Commission (FTC) has announced revisions to the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) thresholds, which will become effective on February 11, 2013. The revised thresholds will apply to any transaction closing on or after the effective date...
FTC Defers to State Resolution of Competitive Concerns Arising Out of Acquisition of Natural Gas Assets
On November 7, 2012, the Federal Trade Commission announced it had closed its investigation of Hilcorp Alaska LLC's proposed $375M acquisition of Marathon Oil Company's Cook Inlet, Alaska natural gas production, storage, and pipeline assets, despite identifying several competitive concerns...
FTC Signals Potential for Greater Use of Monetary Remedies in Competition Cases
The Federal Trade Commission (FTC) has withdrawn its Policy Statement on Monetary Remedies in Competition Cases (Policy Statement) by a 4-1 vote. The Policy Statement, issued in 2003, outlined an analytical framework to guide FTC determination of appropriate circumstances for...