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Antitrust Today

Treasury Department’s Report Recommends an Antitrust Cocktail to Revive Competition in Alcohol Markets

Posted  02/18/22
By Yo W. Shiina   The United States Treasury Department has answered President Biden’s call for increased antitrust enforcement with a comprehensive report (the “Report”) on competition in alcohol markets that strongly recommends increased antitrust scrutiny of those markets by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”).   The Treasury Department issued the Report...

FTC And Rhode Island Join Forces to Block Merger of State’s Two Largest Healthcare Providers

Posted  02/17/22
The Federal Trade Commission voted unanimously today to join with the State of Rhode Island in suing to block the merger of Lifespan Corporation (“Lifepsan”) and Care New England Health System (“CNE”). The FTC and the Rhode Island Attorney General are filing a complaint in federal district court seeking a temporary restraining order and preliminary injunction to stop the proposed merger of Rhode Island’s...

FTC Chair Khan Calls for State Antitrust Actions to be Exempt From Transfers to Multidistrict Litigation

Posted  02/17/22
By David A. Scupp   Last week, FTC Chair Lina Khan once again demonstrated her willingness to step out of the conventional box with an endorsement of legislation designed to invigorate enforcement of the antitrust laws.   What makes Khan’s endorsement unconventional is that the antitrust enforcers that would benefit from the legislation are state attorneys general, not the FTC.  It is a rare event to...

The Antitrust Week In Review

Posted  02/16/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   Microsoft starts a charm offensive to push through its Activision deal.  Microsoft kicked off a charm offensive in Washington to gain government approval for its $70 billion deal to buy the video game company Activision Blizzard, saying it would not give preferential treatment to its own games in...

A Nearsighted Approach to Product Market Definition:  Court Rejects Low-Cost Rival’s Antitrust Claims Alleging Novartis Blocked Competition in the Sale of Eye-Disease Treatments

Posted  02/8/22
By Allison F. Sheedy, Ethan Litwin, and Ankur Kapoor One antitrust case we have been watching closely is the patent-related antitrust suit filed by biotechnology company Regeneron alleging rival Novartis blocked competition in the sale of an innovative treatment for degenerative eye diseases. The groundbreaking treatment involves the use of pre-filled syringes containing a specialty medication used to treat...

The Antitrust Week In Review

Posted  02/7/22
Here are some of the developments in antitrust news this past week that we found interesting and are following.   EU antitrust regulators halt Illumina, Grail probe again, await data.  EU antitrust regulators have temporarily paused their investigation into U.S. life sciences company Illumina bid for $8 billion cash-and-stock takeover of Grail while waiting for the companies to provide details. This is the...

Will a Supreme Court Without Breyer Mean No Justice for Antitrust?

Posted  02/4/22
By Ankur Kapoor
Although the betting is underway for who will succeed Justice Stephen Breyer on the U.S. Supreme Court, all we know now is that Justice Breyer will retire as soon as the Court recesses for the summer.  Given Justice Breyer’s leading role on the Court in antitrust cases, we thought we’d take a look back at Justice Breyer’s antitrust jurisprudence, at what the Supreme Court might be losing, and...

Federal Indictment of Home Health Care Managers Highlights Antitrust Enforcers’ Increased Focus On Labor Markets

Posted  02/3/22
By Daniel Vitelli
Antitrust enforcers’ growing interest in labor markets received further confirmation last week with a federal grand jury’s indictment charging four managers of home health care agencies with participating in an alleged conspiracy to suppress the wages and restrict the job mobility of essential workers during the COVID-19 pandemic. The indictment follows on the heels of a statement by Assistant Attorney General...

Constantine Cannon Files Amicus Briefs in Two Appellate Cases that Could Redraw the Boundaries of Antirust Enforcement

Posted  02/2/22
In keeping with its tradition of playing a leading role in major antitrust cases, Constantine Cannon filed amicus briefs in two important cases last week that wrestle with the scope of the antitrust laws and enforcement. Both of the Constantine Cannon briefs—in two of most watched antitrust cases currently being litigated—ask a U.S. Court of Appeals to reverse a district court for taking too restrictive a view...

The Antitrust Week In Review

Posted  02/1/22
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice antitrust chief says he'll seek to stop deals not settle.  The new head of the Justice Department Antitrust Division, Jonathan Kanter, said the government should seek to stop proposed mergers which pose anticompetitive concerns rather than striking deals for asset sales or other concessions...
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