McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDOJ and SDNY US Attorney’s Office Indict Three Dealers in Foreign Currency Exchange Spot Market Conspiracy Case
By McDermott Will & Emery on Mar 28, 2017
Posted In DOJ Developments, EC Developments
A grand jury has indicted three foreign currency exchange spot market dealers for alleged violations of the Sherman Act, 15 U.S.C. § 1, in a case brought jointly by the DOJ’s Antitrust Division and the US Attorney’s Office for the Southern District of New York (SDNY). The allegations in the case, United States v. Usher,...
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THE LATEST: Losing Bidder for Pharmaceutical Triggers FTC Investigation, Fix, and $100 Million Fine in Non-HSR-Reportable Transaction
By McDermott Will & Emery and Gregory E. Heltzer on Mar 13, 2017
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions, Private Litigation
A private lawsuit filed by Retrophin Inc. (Retrophin), under then-CEO Martin Shkreli, likely triggered an investigation by the FTC into a consummated transaction. Both the private lawsuit and the FTC complaint resulted in settlement. In addition, the FTC levied a $100 million penalty. WHAT HAPPENED: In 2013, Questcor Pharmaceuticals, Inc. (Questcor) acquired the U.S. rights...
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THE LATEST: Occupational Licensing—Do We Need to Protect “the Public from Rogue Interior Designers Carpet-Bombing Living Rooms with Ugly Throw Pillows?”
By McDermott Will & Emery and Gregory E. Heltzer on Mar 9, 2017
Posted In FTC Developments, Healthcare Antitrust
The Federal Trade Commission (FTC) has looked at licensing boards many times in the past and advocated for regulations with less restriction that promote competition. There are numerous examples of antitrust regulators’ interest in occupational licensing and competition concerns, including Advanced Practice Registered Nurses in the VA, non-lawyers in the provision of legal services, and...
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THE LATEST: FTC Fixes Consummated Pharma Transaction Involving Pre-Phase 3 Product Because It Eliminated a “Nascent Threat”—Tacks on $100 Million Disgorgement Penalty
By McDermott Will & Emery and Gregory E. Heltzer on Mar 7, 2017
Posted In FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The Federal Trade Commission (FTC) challenged a consummated transaction using a monopolization theory to allege that the acquisition would eliminate “nascent” competition for therapeutic adrenocorticotropic hormones (ACTH) in the United States. WHAT HAPPENED: Questcor Pharmaceuticals, Inc.’s (Questcor) H.P. Acthar Gel (Acthar) is the only ACTH product sold in the US, is the standard of care...
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The LATEST: FTC “Second Requests” to be Narrower in Scope under Ohlhausen’s Leadership
By Gregory E. Heltzer, Jon B. Dubrow and McDermott Will & Emery on Feb 17, 2017
Posted In FTC Developments, Mergers & Acquisitions
Transactions that meet the Hart-Scott-Rodino thresholds for notification must be reported to the Federal Trade Commission (“FTC”) and Department of Justice. Where a notified transaction raises competition concerns, the reviewing agency may decide to launch an in-depth investigation and request additional information from the merging parties, known as a “Second Request,” which can take several...
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Antitrust M&A Snapshot: October – December 2016 Update
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jan 30, 2017
Posted In DOJ Developments, EC Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise summaries of Federal Trade Commission (FTC), Department of Justice (DOJ) and European Commission (EC) news and events related...
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FTC and DOJ Update Antitrust Guidelines for the Licensing of Intellectual Property
By McDermott Will & Emery and Will Diaz on Jan 18, 2017
Posted In DOJ Developments, FTC Developments, IP Antitrust
On January 13, 2017, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) issued updated Antitrust Guidelines for the Licensing of Intellectual Property (the Guidelines). The revised Guidelines follow nearly half a year of consideration and public commentary. According to the FTC, the updates were “intended to modernize...
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Changes to Chile’s Competition Law
By McDermott Will & Emery on Dec 7, 2016
Posted In Cartel Enforcement, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
Chile has amended its Competition Law to “consolidate [its] leadership as a sophisticated agency in Latin America.”
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Aerospace and Defense Series: Trump Administration—Potential for Increased Antitrust Leniency for Vertical Transactions in the Defense Industry
By McDermott Will & Emery and Jon B. Dubrow on Dec 1, 2016
Posted In DOJ Developments, Mergers & Acquisitions
President-elect Donald Trump has called for a dramatic increase in defense spending including purchases of new ships and warplanes as well as the addition of tens of thousands of new troops. This increase in spending generally bodes well for the aerospace and defense industry and potentially signals a new era of growth for companies in...
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FTC’s Largest Pharmaceutical Divestiture Gives Insight into Broader Theories of Harm
By McDermott Will & Emery on Oct 12, 2016
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
In pharmaceutical transactions involving generic products, the Federal Trade Commission (FTC) has typically focused on narrow antitrust theories of harm and applied a narrow product market analysis often limited to a treatment for a particular indication (and sometimes to a specific mechanism of action). In these transactions, the FTC has consistently required fixes for generic...
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