Gregory E. Heltzer
Subscribe to Gregory E. Heltzer's PostsGregory (Greg) E. Heltzer focuses his practice on defending mergers and acquisitions before the US Federal Trade Commission, US Department of Justice, state antitrust authorities and foreign competition authorities. Greg has extensive experience in evaluating whether potential transactions will be cleared by antitrust enforcers and developing a viable path for clearance. In addition, he handles complex antitrust litigation, government investigations and antitrust counseling. Read Greg Heltzer's full bio.
THE LATEST: FTC Settles with Breeder Trade Association over Association Rules That Limited Price Competition for Dairy Bull Semen
By Gregory E. Heltzer and Katharine M. O'Connor on Aug 24, 2017
Posted In Agriculture, FTC Developments, Joint Ventures/Competitor Collaboration
The two current commissioners of the Federal Trade Commission (FTC) approved another final order and consent agreement with a trade association, this time with the National Association of Animal Breeders, Inc. (NAAB). WHAT HAPPENED: NAAB is a non-profit corporation of approximately 24 member businesses that compete to sell dairy cattle semen to US dairy farms...
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THE LATEST: American Guild of Organists Reaches Settlement Agreement with the FTC over Challenged Professional Association Rules
By Gregory E. Heltzer and Katharine M. O'Connor on May 31, 2017
Posted In FTC Developments
The two current commissioners of the Federal Trade Commission (FTC) approved a final order and consent agreement with the American Guild of Organists (AGO) after a public comment period of two months. The FTC alleged that the AGO violated Section 5 of the Federal Trade Commission Act by agreeing to restrain competition among its organist...
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THE LATEST: Rohit Chopra, Progressive Student Loan Watchdog, Recommended for FTC Commissioner
By Gregory E. Heltzer and Katharine M. O'Connor on May 17, 2017
Posted In FTC Developments
The Federal Trade Commission (FTC) is composed of five Commissioners each with terms of seven years. The Commissioners are appointed by the President with the advice and consent of the Senate. At any given time, no more than three Commissioners may be members of the same political party. Currently, Acting Chairman Ohlhausen (R) and Commissioner...
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THE LATEST: Behavioral Remedy Satisfies European Commission in Rolls-Royce’s €720M Agreement to Purchase the Rest of ITP
By Gregory E. Heltzer on Apr 21, 2017
Posted In EC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
WHAT HAPPENED: Rolls-Royce and SENER have a 47 percent/53 percent joint-venture in Industrial de Turbo Propulsores (ITP)–an aircraft engine components manufacturer. Rolls-Royce announced it would buyout its partner’s 53 percent interest in ITP on July 11, 2016. Rolls-Royce supplies the engine for Lockheed Martin’s C-130J (turboprop military transport aircraft). Rolls-Royce, together with ITP, MTU and...
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THE LATEST: Limiting Early Discovery in Parallel Criminal and Civil Cases
By Gregory E. Heltzer, Lauren Salins and Mary Strimel on Apr 20, 2017
Posted In Cartel Enforcement, DOJ Developments, Private Litigation
Companies are increasingly facing parallel proceedings involving government investigations and follow-on private litigation. These complex cases often involve competing interests between the parties that can influence a judge’s determination on discovery timing and process. Private plaintiffs are incentivized to obtain as much information about the case as early as possible to support their allegations and...
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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 Determines Behavioral Remedies are Sufficient to Fix Offshore Natural Gas Pipeline Overlap
By Gregory E. Heltzer on Mar 2, 2017
Posted In FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) recently granted US antitrust clearance for Enbridge’s acquisition of Spectra after the parties agreed to behavioral commitments to remedy an overlap for natural gas pipeline transportation from the wellhead in three markets off the coast of Louisiana (Green Canyon, Walker Ridge and Keathley Canyon). WHAT HAPPENED: The merging parties each...
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THE LATEST: Learnings from Merger Remedies Study Underscores FTC’s Heightened Focus on Remedy Packages and Proposed Buyers
By Bilal Sayyed and Gregory E. Heltzer on Feb 22, 2017
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED: In early February, the FTC released its Merger Remedies Study (the Study), which focused on transactions from 2006-2012 in which the FTC found a competitive problem that did not require a block outright, and allowed the transaction to gain clearance so long as the merging parties agreed to what the FTC determined were appropriate...
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