McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsElection 2016: Trump on Antitrust
By McDermott Will & Emery on Oct 11, 2016
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
While antitrust policy and enforcement has not received much attention from Donald Trump on the campaign trail, Mr. Trump has made a few notable statements regarding antitrust law that provide hints as to potential antitrust enforcement priorities for a Trump administration. Mr. Trump’s history as both a plaintiff and defendant in antitrust litigation is also...
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Price Discrimination Markets Lead Antitrust Enforcers to Increased Success
By McDermott Will & Emery and Jon B. Dubrow on Aug 16, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
In the last two years, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) brought, and won, several litigated merger cases by establishing narrow markets comprised of a subset of customers for a product. This narrow market theory, known as price discrimination market definition, allowed the agencies to...
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Recent Enforcement Trends in Divestiture Packages
By McDermott Will & Emery on Aug 11, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ) Antitrust Division have been actively challenging mergers and acquisitions (M&A) across a variety of industries where there is not a viable or acceptable remedy to mitigate the agencies’ competitive concerns. Parties to M&A transactions that the FTC or the DOJ believe are likely to...
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DOJ Continues to Monitor Interlocking Corporate Directorates with Restructuring of Tullett Prebon’s Acquisition of ICAP
By McDermott Will & Emery on Aug 2, 2016
Posted In DOJ Developments, Mergers & Acquisitions
On July 14, 2016, the US Department of Justice (DOJ) announced that the restructuring of a planned $1.5 billion transaction between Tullett Prebon Group Ltd. (Tullett Prebon) and ICAP plc adequately addresses the DOJ’s concerns that the transaction would violate Section 8 of the Clayton Act by creating an interlocking directorate. The parties restructured their...
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McDermott’s Antitrust M&A Snapshot Published on July 17, 2016
By McDermott Will & Emery, Jon B. Dubrow and Joel R. Grosberg on Jul 27, 2016
Posted In Consumer Protection/Privacy, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
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 to M&A,...
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When Customer Supply Contracts Lead to Trouble: Exclusive Dealing Provisions Result in FTC Monopolization Action against Invibio
By McDermott Will & Emery on May 4, 2016
Posted In FTC Developments, Monopolization/Abuse of Dominance
The Federal Trade Commission (FTC) continues to aggressively enforce the antitrust laws. On April 27, 2016, the FTC took action against Victrex, plc and its wholly owned subsidiaries, Invibio, Inc. and Invibio Limited (collectively, Invibio) because of exclusivity terms in its supply contracts. The consent order requires Invibio to cease and desist from enforcing most...
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Microsoft Antitrust Suit Against InterDigital Stands, Judge Says
By McDermott Will & Emery and Will Diaz on Apr 18, 2016
Posted In IP Antitrust
On April 13, 2016, the US District Court for the District of Delaware denied InterDigital’s motion to dismiss an antitrust suit filed by Microsoft (Microsoft Mobile, Inc. v. InterDigital, Inc., Case No. 15-cv-723-RGA). In the suit, Microsoft alleged that InterDigital engaged in an unlawful scheme to acquire and exploit monopoly power over standard essential patents...
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House Passes GOP-Backed SMARTER ACT Aiming to Harmonize Merger Review Process for FTC and DOJ
By McDermott Will & Emery on Apr 4, 2016
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On March 23, 2016, the U.S. House of Representatives passed the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act by a vote of 235-171, despite strenuous objections from the Federal Trade Commission (FTC). The FTC and the Department of Justice (DOJ) review proposed mergers and acquisitions. Currently, the FTC can challenge transactions under...
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Sixth Circuit: “Single-Network” Hospitals Not Exempt from Section One Scrutiny
By McDermott Will & Emery on Mar 30, 2016
Posted In Healthcare Antitrust, Joint Ventures/Competitor Collaboration
On March 22, 2016, the U.S. Court of Appeals for the Sixth Circuit allowed a claim to proceed under § 1 of the Sherman Act against four hospitals acting as a single network under a joint operating agreement. Med. Center at Elizabeth Place, LLC v. Atrium Health Sys., No. 14-4166 (6th Cir. Mar. 22, 2016). ...
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FTC’s Feinstein Declines to Provide Safe Harbor Guidance for Low GUPPIs
By McDermott Will & Emery on Mar 4, 2016
Posted In FTC Developments, Mergers & Acquisitions
At a recent panel discussion during George Mason Law Review’s annual antitrust symposium, Deborah Feinstein, director of the Federal Trade Commission’s (FTC) Bureau of Competition, was asked what levels of gross upwards pricing pressure index (GUPPI) could raise concern in the FTC’s merger review process. Feinstein declined to provide a specific level that would raise...
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