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Antitrust Insights and Analysis

Health and Dental Insurers Lose Long-Standing Antitrust Immunity with Passage of the Competitive Health Insurance Reform Act

Posted  01/25/21
By Grant Petrosyan
This past year has been very eventful for antitrust. While most of the focus has been on Big Tech, such as the recent lawsuits against Facebook, other developments also deserve attention. One such development is the end of antitrust immunity for health and dental insurers under the recent amendment to the McCarran-Ferguson Act of 1945, 15 U.S.C. §§ 1011-1015. The McCarran-Ferguson Act, in part, provided an...

AT&T’s $1.95 Billion Sale of its Telecommunications Assets in Puerto Rico and the Virgin Islands May be Only the Tip of the Iceberg

Posted  12/7/20
By Paulette Rodríguez López
Last month the U.S. Department of Justice entered into a consent judgment approving AT&T’s sale of its wireless and wireline operations in Puerto Rico and the Virgin Islands to Liberty Latin America Ltd. for $1.95 billion.  Coming on the heels of several other divestitures by AT&T in the past few months, this transaction—while sizable—may be dwarfed by additional anticipated sales by the media and...

New York Could Lead the Nation Into 21st Century Antitrust Enforcement

Posted  09/16/20
By Grant Petrosyan
By Grant Petrosyan New York is on the verge of revamping state antitrust enforcement to tackle competition issues of the 21st Century. On September 14, 2020, the Consumer Protection Committee of the New York State Senate held a virtual antitrust hearing regarding Senate Bill S8700, which is known as the “Twenty-First Century Anti-Trust Act.”  The proposed legislation, which, New York State Senator Michael...

German High Court Slams Facebook’s Data Collection Practices As It Reinstates Order

Posted  07/2/20
By J. Wyatt Fore
In a landmark ruling, Germany’s highest civil court criticized Facebook for allegedly abusing its “dominant market position on the social network market” as it reinstated an order by the Federal Cartel Office (“FCO”) restraining Facebook’s data collection practices. The Federal Court of Justice reversed an appellate court’s preliminary suspension of the order restraining Facebook, pending full...

Constantine Cannon Names New Partner

Posted  04/28/20
Constantine Cannon LLP is pleased to announce that Daniel Vitelli has been named partner at the firm.  Click here to read more.

Universities May Incur Antitrust Liability Acting Jointly in Response to the COVID-19 Pandemic

Posted  04/17/20
By Ethan E. Litwin, J. Wyatt Fore
The upheaval caused by the COVID-19 pandemic has forced virtually every company and institution engaged in commercial transactions to re-evaluate and drastically alter its business practices.  While they are wise to do so, they would also be wise to remember that their susceptibility to the commercial effects of the pandemic offers no immunity from antitrust enforcement where companies have entered into...

Antitrust Enforcers Confront Coronavirus by Easing Up on Competitors While Cracking Down on Price Gougers

Posted  04/3/20
By Matthew Moore
The coronavirus pandemic is forcing antitrust enforcers around the globe to adjust their competition policies to protect their constituents from both the virus and the unscrupulous. In an antitrust variant of the Hippocratic Oath, antitrust enforcers are first easing up on competition law to ensure that enforcement does not hinder life-saving efforts at cooperation by competitors.  For example, last week in the...

FTC Challenge Pushes Schick Deal to Acquire Harry’s Off The Razor’s Edge

Posted  02/21/20
By Alan H. Schwartz
Edgewell Personal Care Co., the parent company of Schick, has abandoned its plans to purchase Harry’s Razors just days after the Federal Trade Commission filed a complaint to block the merger earlier this month. In May 2019, Edgewell entered into an agreement to purchase Harry’s Inc., a start-up shaving company, for approximately $1.37 billion in stock and cash. The two companies compete in the “wet shave”...

The Antitrust Week In Review

Posted  12/23/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Sutter Health to Pay $575 Million to Settle Antitrust Lawsuit.  Sutter Health, the large hospital system in Northern California, said Friday that it had agreed to pay $575 million to settle claims of anti-competitive behavior brought by the California state attorney general as well as unions and...

Trillium Argues Oregon Hospitals Conspired to Prevent Insurer’s Entry into State-Regulated Medicaid Markets

Posted  12/5/19
By James J. Kovacs
Three major hospital systems are accused of taking advantage of state regulation of healthcare to snuff out competition in a novel antitrust case filed in the United States District Court for the District of Oregon. Trillium Community Health Plan, a subsidiary of the Centene Corporation, alleges numerous entities and individuals, including three prominent hospital systems—Legacy Health, Providence Health &...
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