McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsDrug Testing Company Settles FTC Case Alleging Invitation to Collude
By McDermott Will & Emery on Feb 9, 2016
Posted In FTC Developments
The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with respect to customer allocation in violation of §5 of the Federal Trade Commission Act. Specifically, the FTC complaint...
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McDermott EU Competition Annual Review 2015
By Dr. Boris Uphoff, Jacques Buhart, Louise Aberg, Matthieu Adam, Martino Sforza and McDermott Will & Emery on Jan 22, 2016
Posted In EU Developments
McDermott has published an EU Competition Annual Review for 2015. This 87 page booklet will help General Counsel and their teams focus on the most essential EU competition updates for 2015. Beyond being used to understand recent developments, this booklet is a great reference when dealing with complex issues of EU competition law. Read the...
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The UK Consumer Rights Act 2015: A New Advance in Private Antitrust Enforcement
By McDermott Will & Emery on Jan 11, 2016
Posted In Consumer Protection/Privacy, EU Developments, Private Litigation
On 1 October 2015 the UK Consumer Rights Act 2015 (CRA 2015) entered into force, bringing with it a raft of changes pertaining to consumer protection law and competition law litigation. These changes were discussed in an article featured in our most recent issue of our flagship publication, International News: Focus on Tax (Issue 3...
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FTC and Pennsylvania Attorney General Challenge Health System Combination
By McDermott Will & Emery, Ashley Fischer and Lisa A. Peterson on Jan 7, 2016
Posted In FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Power Markets
The Federal Trade Commission (FTC) and Pennsylvania Attorney General (AG) have challenged the proposed combination of The Penn State Hershey Medical Center (Hershey) and PinnacleHealth System (Pinnacle) in Harrisburg, Pennsylvania. The FTC complaint alleges that the combination would create a dominant provider, reduce the number of competing health systems in the area from three to...
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FTC Comments Discourage Legislation Purporting to Grant Antitrust Immunity for Health Care Providers
By McDermott Will & Emery on Nov 9, 2015
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
In late September, the Federal Trade Commission (FTC) submitted comments to the Virginia and Tennessee Departments of Health regarding each state’s proposed rules concerning hospital cooperation agreements. These proposed rules permit two or more hospitals to consolidate by merger or other combination of assets if, in the departments of health’s view, the benefits of the...
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FTC Comment: Minnesota Law Requiring Public Disclosure of Health Care Contract Data Increases Risk of Anticompetitive Behavior
By McDermott Will & Emery on Jul 14, 2015
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust
On June 29, 2015, the Federal Trade Commission (FTC) responded to a request for comment from two Minnesota state legislators concerning recently enacted amendments to the Minnesota Government Data Practices Act (MGDPA). Under the amendments, the MGDPA would be expanded to cover all data collected by health maintenance organizations, health plans, and other health services...
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Court Declines To Certify Damages Class in Baseball Blackout Suit
By McDermott Will & Emery on Jun 17, 2015
Posted In Distribution/Franchising, Private Litigation
On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’ motion to certify a damages class. The court did, however, certify a class under Federal Rule of Civil Procedure 23(b)(2) for the purpose of pursuing injunctive...
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FTC Clarifies “Failing Firm” Defense
By McDermott Will & Emery on Apr 2, 2015
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
Earlier this week, the Federal Trade Commission (FTC) published an article that offers guidance on the “failing firm” or “flailing firm” defense often invoked in the hospital merger context. The article, written by Debbie Feinstein and Alexis Gilman of the Bureau of Competition, clarifies the circumstances under which this defense is and is not available....
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FTC and DOJ Host Workshop Examining Health Care Competition
By McDermott Will & Emery, Ashley Fischer, Lisa A. Peterson, Stephen Wu and McDermott Will & Emery on Mar 4, 2015
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) held a public workshop on February 24–25, 2015, to examine recent trends and developments in health care provider organization and payment models, and their potential effects on competition in the provision of health care services. A main message from...
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FTC Commissioner Brill Comments on Potential Reforms in Data Privacy Enforcement
By McDermott Will & Emery on Feb 20, 2015
Posted In Consumer Protection/Privacy, FTC Developments
On February 18, 2015, Commissioner Julie Brill spoke to students at the Tuck School of Business at Dartmouth concerning the Federal Trade Commission’s (FTC’s) recent data privacy and security enforcement, as well as the FTC’s interactions with international regulators in this area. In her prepared remarks, Commissioner Brill described ways she hopes the FTC and...
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