Lisa A. Peterson
Subscribe to Lisa A. Peterson's PostsLisa A. Peterson focuses her practice on antitrust, regulatory and litigation matters. She assists clients across a variety of industries and has represented numerous clients in the health care, pharmaceutical, and biotechnology industries. Lisa advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ), as well as counsels clients on issues regarding antitrust compliance, pricing, and distribution. She also counsels clients on cartel prosecutions and defenses, including government investigations and the initiation and defense of civil class action litigation. Read Lisa Peterson's full bio.
THE LATEST: DOJ Antitrust Chief Casts Doubt on Using “Behavioral Remedies” to Fix Problematic “Vertical” Mergers
By McDermott Will & Emery and Lisa A. Peterson on Nov 17, 2017
Posted In DOJ Developments, Mergers & Acquisitions
WHAT HAPPENED: On Thursday, November 16, 2017, newly confirmed Assistant Attorney General for Antitrust Makan Delrahim, speaking at the American Bar Association Section of Antitrust Law’s Fall Forum, explained where antitrust enforcement fits in the broader Trump administration effort to reduce federal regulations. Delrahim remarked that “antitrust is law enforcement, it’s not regulation.” Antitrust enforcement...
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Senate Democrats Push for Tougher Merger Enforcement
By Gregory E. Heltzer, Louise Aberg and Lisa A. Peterson on Sep 18, 2017
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On September 14, 2017, Senator Amy Klobuchar (D-MN), introduced new legislation to curtail market concentration and enhance antitrust scrutiny of mergers and acquisitions. As the Ranking Member of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights, Klobuchar is the leading Senate Democrat for antitrust issues. Two bills were submitted to the...
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THE LATEST: DOJ’s Packaged Seafood Probe Yields Conditional Leniency Applicant
By Lisa A. Peterson on Sep 14, 2017
Posted In Cartel Enforcement, DOJ Developments, Mergers & Acquisitions
On Monday, September 11, Tri-Union Seafoods LLC, the US subsidiary of Thai Union Group, announced it blew the whistle on competitors in the US Department of Justice’s (DOJ) investigation of the packaged seafood industry. The “Chicken of the Sea” canned tuna manufacturer also said it received conditional leniency from DOJ in exchange for its cooperation....
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Bag Fee Case Highlights Antitrust Risk Of Public Statements
By David L. Hanselman, Jr. and Lisa A. Peterson on Apr 12, 2017
Posted In Cartel Enforcement, FTC Developments, Private Litigation, Uncategorized
For publicly traded companies, earnings calls are routine business events, as are press releases, speeches, investor conferences and trade association meetings. However, in the world of antitrust law, words uttered in these situations can provide fodder for plaintiffs to claim that instead of providing information for investors and the public, the communication’s purpose was to...
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Virginia’s Certificate of Need Laws May Stay, Fourth Circuit Says
By Lisa A. Peterson on Jan 26, 2016
Posted In DOJ Developments, FTC Developments
On January 21, the U.S. Court of Appeals for the Fourth Circuit upheld Virginia’s Certificate of Need (CON) laws, ruling that the scheme does not illegally discriminate against out-of-state health care providers. See Colon Health Ctrs. v. Hazel, No. 14-2283 (4th Cir. Jan. 21, 2015). In Virginia, and the 35 other states with CON laws,...
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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 Releases Section 5 Guidelines
By Lisa A. Peterson and Young Cynn on Aug 14, 2015
Posted In FTC Developments
On Thursday, August 13, 2015, the Federal Trade Commission (FTC) released a Statement of Enforcement Principles Regarding “Unfair Methods of Competition” Under Section 5 of the FTC Act. The statement was passed by a 4–1 vote, with Commissioner Ohlhausen voting against the statement. This is the first time the Commission has issued formal guidelines regarding its...
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Supreme Court Asked to Clarify the Reach of U.S. Antitrust Laws to Foreign Conduct
By Louise Aberg and Lisa A. Peterson on Mar 24, 2015
Posted In Cartel Enforcement, DOJ Developments, Private Litigation
On March 16, 2015, AU Optronics Corporation America Inc. (AU Optronics) and Motorola Mobility LLC separately asked the U.S. Supreme Court to clarify the Foreign Trade Antitrust Improvements Act (FTAIA) and the extent to which its language allows foreign conduct to be brought within the scope of the Sherman Act. The requests for review follow...
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FTC Rule Change Simplifies Process Following a Denial of a Preliminary Injunction Motion
By Lisa A. Peterson on Mar 18, 2015
Posted In FTC Developments, Mergers & Acquisitions
On March 14, 2015, the Federal Trade Commission (FTC) announced procedural revisions governing the FTC process when it loses an injunction bid in federal court, to block the consummation of a merger pending its in-house administrative proceedings on the legality of the merger. When the FTC seeks to challenge a merger, the FTC generally seeks...
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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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