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Sixth Circuit Pulls Plug on Merging Hospital’s Weakened Firm Defense

Posted  04/25/14
By Marlene Koury The U.S. Court of Appeals for the Sixth Circuit has upheld a Federal Trade Commission (“FTC”) order unwinding a merger of two Ohio hospitals that unsuccessfully sought to breathe life into a “weakened firm defense.” In a unanimous opinion, a three-judge panel of the Sixth Circuit denied ProMedica’s petition to overturn a Federal Trade Commission ruling, which ordered ProMedica to...

DOJ’s Justification Of American Airlines-US Airways Settlement Identifies Competitive Benefits But Leaves Some Questions Unanswered

Posted  03/12/14
By Ankur Kapoor The Antitrust Division of the U.S. Department of Justice (the “DOJ”) is highlighting the competitive benefits to the settlement of its challenge of the American Airlines-US Airways merger in the DOJ’s Response to Public Comments on the Proposed Final Judgment filed on Monday in the United States District Court for the District of Columbia. The DOJ’s Response heralds the Proposed Final...

Apple Doubles Down On Its Bet Against E-Books Judge

Posted  03/11/14
By Allison F. Sheedy Apple has upped the ante in the e-books case with two court filings in recent weeks that seek to prevent Judge Denise Cote of the U.S. District Court for the Southern District of New York from presiding over the upcoming jury trial on damages. While the two-pronged attack – which argues not only lack of jurisdiction but also bias by the judge – is fairly aggressive, it is hardly...

Apple Gets Half A Loaf Of Bread In “Losing” Appellate Challenge Of Antitrust Monitor

Posted  02/13/14
By Allison F. Sheedy Although the U.S. Court of Appeals for the Second Circuit has denied Apple’s motion to suspend a court-appointed antitrust compliance monitor, Apple actually achieved part of its goal of reining in the monitor. Apple had asked the appellate court to stay the monitor, Michael R. Bromwich, from doing any more work pending Apple’s appeal of that appointment in United States v. Apple, Inc. ...

FTC Performs Balancing Act In Evaluating Health Care Provider Combinations

Posted  02/12/14
By Axel Bernabe The FTC’s recent victory in unwinding the St. Luke’s Health System and Saltzer Medical Group merger in Idaho provides a cautionary note to hospitals and other health care providers contemplating mergers. Mergers that threaten to give an entity market power to demand higher rates for health services to insurers are likely to be challenged.  In the St. Luke’s case, the FTC convinced the U.S....

Umbrella Liability For Price Fixing: Does The Forecast Call For More Damages In The EU And U.S.?

Posted  02/10/14
A View from Constantine Cannon’s London Office By Irene Fraile and Ankur Kapoor The European Union may be on the verge of embracing “umbrella liability”—a theory of liability that would significantly increase the exposure of members of anticompetitive cartels. The European Court of Justice is being urged by one of its advocates general to hold that, under EU law, victims of cartels can seek damages...

Apple Commences On Rocky Road In Appellate Challenge Of Antitrust Monitor

Posted  02/5/14
By Allison F. Sheedy Apple is finding this week that its appellate challenge to a court-appointed antitrust monitor is going to be a tough sell in the U.S. Court of Appeals for the Second Circuit. Apple is asking the Second Circuit to stay the monitorship while it appeals both Judge Denise Cote’s decision in United States v. Apple, Inc. that Apple conspired to raise e-book prices and her subsequent decision to...

Apple May Be Planting Seeds Of Doubt In Appellate Challenge Of Antitrust Monitor

Posted  01/22/14
By Allison F. Sheedy Apple’s aggressive challenge to an external compliance monitor’s investigation into Apple’s antitrust compliance policies may be planting seeds of doubt that Apple hopes will bear fruit in its appeal of Judge Denise Cote’s decision in United States v. Apple, Inc. that Apple conspired to raise e-book prices. Apple is charging that the court-appointed monitor has unreasonably demanded...

Is the Apple Monitor Roving Far Afield?

Posted  12/23/13
By Ankur Kapoor In the latest skirmish in the e-books case of United States v. Apple, Inc., Apple has accused the external compliance monitor appointed by the court of conducting a “roving” and “unfettered” investigation into Apple’s business practices, including seeking to interview lead designer Jony Ive and board member and former Vice President Al Gore. Apple is now moving the U.S. District Court...

Rough Regulatory Waters May Rock Massive Shipping Alliance

Posted  12/11/13
By Jeffrey I. Shinder The proposed P3 shipping alliance among the world’s three biggest container shipping companies encountered more rough seas this past week. The U.S. Federal Maritime Commission (“FMC”) has requested additional information from the parties.  This request will delay the implementation of the proposed alliance because, after the parties comply with the request, a new 45-day regulatory...
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