Jonathan Ende
Subscribe to Jonathan Ende's PostsJonathan Ende focuses his practice on antitrust and competition, with particular strength in regulatory matters. He has a great deal of experience in internal investigations, and has a keen insight on the manufacturing and biomedical industries in particular. Read Jonathan Ende's full bio.
What to Expect from FTC’S Big Tech Merger Review
By Jonathan Ende and Raymond A. Jacobsen, Jr. on Apr 28, 2020
Posted In Consumer Protection/Privacy, FTC Developments, Mergers & Acquisitions
On Feb. 11, the Federal Trade Commission announced that it had issued special orders to five large technology companies, requesting information on prior acquisitions completed by the companies during the past 10 years. The FTC’s announcement follows several recent high-profile events relating to technology mergers, including the FTC’s Hearings on Competition and Consumer Protection in...
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FTC Ratchets up Scrutiny on Pharmaceutical Deals
By Jonathan Ende and Will Diaz on Oct 15, 2019
Posted In FTC Developments, Healthcare Antitrust
WHAT HAPPENED: Recent developments indicate that pharmaceutical deals are attracting greater scrutiny from the Federal Trade Commission (FTC). In September 2019, FTC Chairman Joseph Simons reportedly stated that the FTC will more closely scrutinize deals with overlaps involving products that are still in clinical study or development. Because of the high failure rate of products...
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The Latest: Changes Coming to Revenue Reporting for HSR Filings
By Jonathan Ende on Jun 28, 2019
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
What Happened: The Federal Trade Commission (FTC), along with the Antitrust Division of the Department of Justice (DOJ), approved amendments to the Hart-Scott-Rodino (HSR) Rules and the instructions for completing the HSR Form. After the amendments take effect on September 25, 2019, HSR filers will be required to use new 10-digit North American Product Classification...
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Second Circuit Rejects Total Wine Challenge of Connecticut Pricing Laws
By Jonathan Ende and Will Diaz on Mar 5, 2019
Posted In Private Litigation
Last week, in Connecticut Fine Wine and Spirits LLC v. Seagull, the US Court of Appeals for the Second Circuit affirmed a lower court’s motion to dismiss a lawsuit from Total Wine & More challenging parts of Connecticut’s Liquor Control Act and related regulations. Though the decision represents a victory for state alcohol regulatory regimes,...
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THE LATEST: AAG Delrahim Withdraws Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments, Elaborates Views on SSOs
By Jonathan Ende and Will Diaz on Dec 19, 2018
Posted In DOJ Developments, IP Antitrust
In a December 7 speech before the Berkeley-Stanford Advanced Patent Law Institute, the US Department of Justice Antitrust Division (DOJ) Assistant Attorney General Makan Delrahim (AAG Delrahim) announced that the DOJ will withdraw its assent to the 2013 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments (the Policy Statement) and elaborated...
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THE LATEST: FTC Submits Comment on FDA Guidance Aimed at Deterring Abuse of Citizen Petition Process
By Gregory E. Heltzer, Jonathan Ende and Will Diaz on Dec 11, 2018
Posted In FTC Developments, Healthcare Antitrust
The Federal Trade Commission (FTC) submitted comments supporting the Food and Drug Administration’s (FDA) guidance for assessing whether a pharmaceutical company petitioner is misusing the citizen petition process to delay approval of a competing drug. WHAT HAPPENED: The FDA released revised draft guidance intended to discourage pharmaceutical companies from gaming the citizen petition process. The...
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New FTC Interpretation Will Require HSR Act Filing for Many Hospital Affiliation Transactions
By McDermott Will & Emery, Jon B. Dubrow and Jonathan Ende on Nov 20, 2018
Posted In FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The Premerger Notification Office (PNO) of the Federal Trade Commission (FTC) recently formalized a new position on Hart-Scott-Rodino Act (HSR Act) reporting obligations for certain not-for-profit, non-stock transactions. The change is currently in effect and applies to transactions that have not yet closed. The change in position will require reporting of many hospital transactions that...
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THE LATEST: US Steel’s Section 337 Antitrust Claim Rejected by ITC Commissioners
By Jonathan Ende and Will Diaz on Apr 4, 2018
Posted In Private Litigation
The US International Trade Commission (ITC) issued an opinion dismissing United States Steel Corporation’s antitrust claim made under Section 337 of the Tariff Act of 1930 against several Chinese steel manufacturers or distributors, ruling that a complainant must show an antitrust injury even in a trade case. WHAT HAPPENED On Monday, March 19, three of...
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FTC Alleges Another Price Discrimination Market – Seeks to Block Wilhelmsen’s Acquisition of Drew Marine
By Gregory E. Heltzer and Jonathan Ende on Mar 15, 2018
Posted In FTC Developments, Mergers & Acquisitions
The Federal Trade Commission (FTC) recently announced that it has challenged a merger between Wilhelmsen Maritime Services (Wilhelmsen) and Drew Marine Group (Drew) because of an overlap in service to “global fleet customers,” a narrow customer segment that purchases marine water treatment chemicals and services. WHAT HAPPENED: The FTC issued an administrative complaint and filed...
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THE LATEST: Divestitures of Complex Pipeline Pharmaceutical Products off the Table at the FTC
By Jonathan Ende and Will Diaz on Feb 9, 2018
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED: Bruce Hoffman, acting director of the Bureau of Competition at the Federal Trade Commission (FTC), announced that the FTC will no longer accept divestitures of inhalant and injectable pipeline drugs in pharmaceutical mergers. Hoffman, speaking at the Global Competition Review Seventh Annual Antitrust Law Leaders Forum on February 2, 2018, explained that divestitures...
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