Tag: Competition

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Our recent civil penalty action involving Berkshire Hathaway’s failure to file the required Hart-Scott-Rodino notification is a reminder to investors to be alert to common filing mistakes. It is also a reminder that every investor—companies and individuals alike—needs to have a program in place to...
This is the email that the sender thought was a friendly introduction to two competitors but ended with today’s charges that the sender violated the FTC Act:
“The clock” is a central part of a merger lawyer’s life. HSR merger review is all about managing the clock effectively. Here are some things we’ve been known to say: Is the clock running? When does the clock start? How much time is on the clock? 
It is a time of unprecedented change in the way health care services are provided and paid for in this country. As with other sectors of our economy that have experienced dramatic change, industry participants are reacting by developing new models, learning from their experiences, and adopting...
If anything qualifies as a not-to-be-missed event in the antitrust world, it is happening next Mon., June 23. That’s the day that the FTC and the Department of Justice will hold a joint public workshop on conditional pricing practices.
In a recently published article, we discuss our finding that generic drug companies successfully use low-pricing strategies to discourage entry by new competitors in certain circumstances.
When the Federal Trade Commission looks at competition in the retail sector today, it typically considers the significance of online sales. Sometimes the competition from online retailers drives the analysis. In closing the Office Depot-Office Max matter, the Commission pointed to “the explosive...
Today the FTC and DOJ released the 36th Annual Hart-Scott-Rodino Report, a document full of interesting data about federal merger review. The report covers transactions in which the merging parties filed HSR notification between Oct. 1, 2012 to Sept. 30, 2013, and federal merger enforcement...
Here’s a very common question, and the writer is usually a retailer who sells products from different manufacturers.
Antitrust enforcers have always been concerned about the potential for harm arising from the activities of trade groups made up of competitors. From its earliest days, the FTC has examined the conduct of trade associations. For example, here’s a passage from the FTC’s first annual report circa...
These procedures have been changed as of May 1. Please see the new instructions for delivering HSR filings. Do bike messengers read blogs about Hart-Scott-Rodino? Maybe not. But anyone who needs to file a HSR premerger notification form after April 25 should read on for information about how to...
One of the most vibrant areas of recent economic development has been the “share economy.” Facilitated by popular smartphones and animated not only by economics, but also by many people’s interest in expanding social networks, peer-to-peer (P2P) software applications now facilitate services from...
Engagement in multilateral dialogue and consensus building is a cornerstone of the FTC’s international antitrust program, and our active involvement in the International Competition Network (ICN), a collaborative network of antitrust agencies from 111 jurisdictions around the world, is at the...
The FTC recently accepted a proposed settlement that would end its litigation to prevent Ardagh Group SA’s proposed acquisition of Saint-Gobain Containers, Inc. from reducing competition in the glass container industry. The proposed consent agreement requires Ardagh to divest six of its nine U.S.
Spring is a special time in Washington. Since the first trees were planted around the Tidal Basin in 1912, viewing the cherry blossoms has become a Washington tradition. Another spring tradition: the Bureau Director’s annual report to the gathering of antitrust lawyers and economists in town for...
On any given Sunday in Illinois, consumers can do their weekly shopping at various “brick and mortar” stores or turn to online vendors virtually 24-7. They can even purchase alcohol on Sunday after 11:00 a.m. But for decades they have been barred by law from purchasing a new or used automobile...
Today, the Commission accepted for public comment a proposed order designed to preserve competition after the merger of CoreLogic and DataQuick, two of only three firms that license national assessor and recorder bulk data. The proposed order does this by facilitating the entry of RealtyTrac to...
Tomorrow and Friday, March 20-21, the FTC will host a two-day public workshop to examine evolving activities and trends that may be affecting competition in the health care industry.
On April 28, the PNO will move to its new offices on the fifth floor of Constitution Center, located at the corner of 7th and D Streets SW above the L’Enfant Plaza Metro Station. We hope to make this a seamless transition with no interruption in our ability to receive filings. We will continue to...
In cities and towns throughout the U.S., hospitals are a key part of the health care delivery system. Every day, Americans seek care from their local hospital at significant and vulnerable times, from the birth of a baby to treatment for a serious illness. The FTC works to promote competition in...

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