McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTHE LATEST: Health Care Antitrust Enforcement Remains a Top Priority for New FTC Commissioners
By Stephen Wu, McDermott Will & Emery and McDermott Will & Emery on May 4, 2018
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
On April 27, 2018, the United States Senate confirmed President Trump’s five nominees for Commissioners of the Federal Trade Commission (FTC). Three are Republicans: Chairman Joseph Simons, Noah Phillips and Christine Wilson, and two are Democrats: Rohit Chopra and Rebecca Slaughter. The Senate’s vote returns the FTC to a full complement of Commissioners for the...
Continue Reading
THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?
By McDermott Will & Emery and Mary Strimel on Feb 2, 2018
Posted In Cartel Enforcement, DOJ Developments, Private Litigation
In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser lawsuits. The comments further reinforce the Administration’s active focus on antitrust issues. WHAT HAPPENED: Makan Delrahim, DOJ’s Assistant...
Continue Reading
Antitrust Merger Enforcement Update: One Year into the Trump Administration
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jan 30, 2018
Posted In DOJ Developments, EC Developments, FTC Developments, Mergers & Acquisitions
At the one year anniversary of the Trump administration, antitrust merger enforcement remains similar to the Obama administration, but it is still early to judge given the delays in antitrust appointments and given the DOJ’s lawsuit against the vertical AT&T/Time Warner transaction, the first vertical merger litigation in decades. Below are some of the recent...
Continue Reading
FTC Increases Notification Thresholds under the Hart-Scott-Rodino Act and Clayton Act Section 8
By McDermott Will & Emery and Jon B. Dubrow on Jan 29, 2018
Posted In FTC Developments, Mergers & Acquisitions
The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Continue Reading.
Continue Reading
THE LATEST: FTC Challenges Retail Fuel Station and Convenience Store Transaction— Requires Ten Localized Divestitures in Wisconsin and Minnesota
By McDermott Will & Emery on Dec 28, 2017
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED: Alimentation Couche-Tard Inc. (ACT) and its subsidiaries (including Circle K Stores, Inc.) are engaged in the retail sale of gasoline and diesel fuel in the United States, as well as in the operation of convenience stores. ACT is the largest convenience store operator in terms of company-owned stores and is the second-largest chain...
Continue Reading
THE LATEST: FTC Challenges Non-HSR Reportable Retail Fuel Station Transaction— Requires Three Localized Divestitures in Alabama
By McDermott Will & Emery on Dec 6, 2017
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED: Alimentation Couche-Tard Inc. (ACT) is a Canadian corporation and is engaged in the retail sale of gasoline and diesel fuel in the United States. Circle K Stores, Inc. (Circle K) is a wholly owned subsidiary of ACT. Circle K indirectly owns all of the membership interests in CrossAmerica GP LLC, CrossAmerica Partners LP’s...
Continue Reading
THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers
By McDermott Will & Emery and Lisa A. Peterson on Nov 17, 2017
Posted In DOJ Developments, Mergers & Acquisitions
WHAT HAPPENED: On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where antitrust enforcement fits in the broader Trump administration effort to reduce federal regulations. Delrahim remarked that “antitrust is law enforcement, it’s not regulation.” Antitrust enforcement...
Continue Reading
Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case
By McDermott Will & Emery and McDermott Will & Emery on Oct 20, 2017
Posted In Private Litigation
WHAT HAPPENED: On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the court affirmed the district court’s grant of summary judgment for defendant on the...
Continue Reading
DOJ Prosecution of Heir Location Service Providers Dismissed on Statute of Limitations Grounds
By McDermott Will & Emery and Mary Strimel on Sep 11, 2017
Posted In DOJ Developments
The US Department of Justice (DOJ) Antitrust Division’s criminal case against an heir location service provider collapsed when the US District Court for the District of Utah ruled that the government’s Sherman Act § 1 case was barred by the statute of limitations. The court held that the alleged conspiracy ceased when the alleged conspirators...
Continue Reading
THE LATEST: Washington Attorney General Seeks Disgorgement of Profits Resulting from Two Transactions between Health System and Physician Groups
By McDermott Will & Emery on Sep 8, 2017
Posted In Healthcare Antitrust
On August 31, 2017, the Attorney General of Washington filed a complaint in the United States District Court for the Western District of Washington alleging that two transactions harmed competition for healthcare on the Kitsap Peninsula. WHAT HAPPENED: In July 2016, CHI Franciscan Health System (Franciscan) acquired WestSound Orthopedics (WestSound), a physician practice of seven...
Continue Reading
