Federal Trade Commission announces 2013 threshold revisions for HSR Act and for Clayton Act Section 8 prohibition on interlocking directorates *

USA - January 14 2013
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify…

Co-authors: Alan R Kusinitz, Alicia J Batts, Rhett R Krulla, Colin Kass, Helene D Jaffe.

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FTC sights set on pharma deals – calls for additional Hart-Scott-Rodino reporting *

USA - August 28 2012
The Federal Trade Commission has proposed expanding Hart-Scott-Rodino reporting and waiting period obligations for certain pharmaceutical, biologics and medicine manufacturing licenses.

Co-authors: Ronald S Rauchberg, Helene D Jaffe.

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HSR and jail time? The importance of being earnest, and getting corporate internal investigations right *

USA - July 25 2012
Corporate and in-house counsel not accustomed to dealing with white collar defense issues can put themselves and their clients at risk when dealing with bad actors within the company.

Co-authors: Mark J Biros, Alicia J Batts, Ronald S Rauchberg, Colin Kass, Helene D Jaffe.

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Third Circuit creates reverse payments split among the circuits *

USA - July 25 2012
Rejecting the test established by three separate courts of appeal, the Third Circuit's recent decision in In re K-Dur Antitrust Litigation has created a circuit split regarding the legality of, and application of antitrust law to, "pay-for-delay" settlements to patent lawsuits.

Co-authors: Alan R Kusinitz, Alicia J Batts, Rhett R Krulla, Ronald S Rauchberg, Colin Kass.

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Phoebe Putney - the Supreme Court grants certiorari to determine the boundaries of state action antitrust immunity *

USA - July 2 2012
On June 25, 2012, the U.S. Supreme Court granted the Federal Trade Commission's request to hear arguments in FTC v. Phoebe Putney Health System, Inc., a highly anticipated hospital merger case which likely will clarify the circumstances in which state regulation can create immunity from federal antitrust law.

Co-authors: Alan R Kusinitz, Alicia J Batts, Ronald S Rauchberg, Colin Kass, Helene D Jaffe.

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