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ACOs and antitrust are aligned and compatible, says Commissioner Brill

McDermott Will & Emery
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USA
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June 13 2013

FTC Commissioner Julie Brill addressed attendees at the 2013 National Summit on Provider Market Power on June 11. The focus of her remarks were on

District court grants temporary restraining order in Phoebe Putney litigation

McDermott Will & Emery
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USA
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May 17 2013

The next step of the on-going Phoebe Putney litigation is completed. On Wednesday, April 15, the district court for the Middle District of Georgia

Walker process standing affirmed for direct purchaser antitrust plaintiffs

McDermott Will & Emery
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USA
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December 27 2012

On interlocutory appeal from a district court, the U.S. Court of Appeals for the Federal Circuit addressed whether a direct-purchaser plaintiff has

U.S. Supreme Court hears oral argument in Phoebe Putney hospital merger challenge

McDermott Will & Emery
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USA
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November 27 2012

In oral argument in FTC v Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to monopoly

Major changes to HSR disclosure requirements effective August 18, 2011

McDermott Will & Emery
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USA
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July 19 2011

Revisions to the Hart-Scott-Rodino (HSR) notification rules and form (as detailed here) will become effective August 18, 2011

FTC publishes comments to FERC notice of inquiry regarding 2010 Horizontal Merger Guidelines

McDermott Will & Emery
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USA
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June 8 2011

On Tuesday the FTC published its comments to FERC's Notice of Inquiry (NOI), in which FERC had asked for comments on whether, (and if so, how), it should revise its approach for examining market power concerns arising from horizontal mergers to reflect the revised 2010 Horizontal Merger Guidelines published by the FTC and DOJ

Merger control: gun jumping goes global

McDermott Will & Emery
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European Union, USA
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June 28 2010

Broadly defined, "gun jumping" refers to unlawful premerger coordination between the parties to an M&A transaction

Recent DOJ antitrust actions

McDermott Will & Emery
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USA
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February 28 2010

On two consecutive days in January 2010, the U.S. Department of Justice (DOJ) announced two antitrust actions that should be of interest to those involved in M&A transactions

A combination of non-conclusory factual allegations satisfies Twombly for a Sherman Act 1 claim and can proceed to trial

McDermott Will & Emery
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USA
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February 28 2010

The U.S. Court of Appeals for the Second Circuit recently reversed a district court decision dismissing a complaint alleging the defendants conspired to fix prices of digital music in violation of the Sherman Act 1