Tag: Merger

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Pharmaceutical and biologic manufacturers Bristol-Myers Squibb Company, or BMS, and Celgene Corporation have agreed to divest Celgene’s Otezla, the most popular oral treatment in the United States for moderate-to-severe psoriasis, for $13.4 billion. This divestiture would settle Federal Trade...
The Commission and Department of Justice’s recent case against Canon Inc. and Toshiba Corporation for violating the Hart-Scott-Rodino Antitrust Improvements Act makes an important point: restructuring a deal to avoid or delay an HSR filing may subject the merging companies to...
The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, has published in the Federal Register proposed amendments that clarify whether a transaction is exempt from premerger notification under the Hart-Scott-Rodino Act because the entity...
The Federal Trade Commission issued an Opinion and Final Order in which the Commission upholds the Administrative Law Judge’s decision that the consummated acquisition of Freedom Innovations by Otto Bock HealthCare North America, Inc.—both top sellers of prosthetic knees eq
The Federal Trade Commission has submitted an amicus brief concerning market definition in Staley v Gilead Sciences Inc., an antitrust case pending before the U.S. District Court for the Northern District of California (Case No. 3:19-cv-02573-EMC).
Brief of the Federal Trade Commission in support of neither party, stating the proposition that market definition is a tool to help assess the likelihood of anticompetitive harm from the particular challenged conduct at issue.
In The Wizard of Oz, Dorothy was told to ignore the man behind the curtain. Some may argue that the same guidance applies to ancillary parts of a merger or joint venture agreement. These can include non-solicitation and non-compete provisions. Even when such provisions are ancillary...
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Boston Scientific’s proposed $4.2 billion acquisition of medical equipment and pharmaceutical supplier BTG plc would violate federal antitrust law.

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