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Results:1-10 of 17

Minn-Chem maximizes Sherman Act's reach
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The long arm of American antitrust law can reach across oceans and penalize actions by foreign corporations, so long as those actions have a "reasonably proximate causal nexus" to effects in the United States.


The FTC goes retro to win down south
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The Federal Trade Commission (FTC) scored a victory in the Eleventh Circuit this summer when the court upheld a divestiture order based on violations of the Clayton and FTC Acts.


Exchange of employee wage information: what is permitted under the antitrust laws?
  • Proskauer Rose LLP
  • USA
  • October 12 2012

The exchange of wage-related information between two competitors may not be a per se violation of antitrust laws, according to a Federal court in Michigan.


7th Circuit clarifies standing to challenge "interlock" violations
  • Proskauer Rose LLP
  • USA
  • October 12 2012

Company shareholders do not suffer "antitrust injuries" because of an alleged violation of Section 8 of the Clayton Act, prohibiting officers and directors from serving on the boards of competing corporations, according to a new Seventh Circuit decision in Robert F. Booth Trust v. Crowley.


Family dining meets value investing proxy battle spills over into antitrust arena and lands investor $850,000 penalty
  • Proskauer Rose LLP
  • USA
  • October 1 2012

The Department of Justice's ("DOJ") imposition of an $850,000 penalty against Biglari Holdings, Inc. for violating the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the "HSR Act") illustrates both the agency's view of the limited scope of the passive investor exemption as well as their continued zeal for taking a hard line on HSR violations, even where it does not challenge the underlying bona fides of a transaction.


FTC sights set on pharma deals calls for additional Hart-Scott-Rodino reporting
  • Proskauer Rose LLP
  • 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.


HSR and jail time? The importance of being earnest, and getting corporate internal investigations right
  • Proskauer Rose LLP
  • 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.


Third Circuit creates reverse payments split among the circuits
  • Proskauer Rose LLP
  • 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.


Phoebe Putney - the Supreme Court grants certiorari to determine the boundaries of state action antitrust immunity
  • Proskauer Rose LLP
  • 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.


FTC's renewed focus on hospital merger enforcement reflected in appointment of its first deputy director for health care and antitrust
  • Proskauer Rose LLP
  • USA
  • June 27 2012

This note briefly analyzes the scholarly work of Leemore Dafny, who recently has been appointed as the FTC's first Deputy Director for Health Care and Antitrust, beginning August 1.