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Competition Matters

The closest competitor is not the only competitor

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More and more, merging parties argue that their merger does not raise competition concerns because they are not each other’s closest competitors. Parties have advanced this argument even in markets...
Competition Matters

Avoidance devices won’t avoid HSR penalties

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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...
Competition Matters

What’s in a Name? Ask the Technology Enforcement Division

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The Bureau of Competition is pleased to announce the conversion of the Technology Task Force into a permanent division in the Bureau of Competition. Effective October 1, 2019, it has become the...
Competition Matters

Just because it’s ancillary doesn’t make it legal

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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...
Competition Matters

Updating best practices for data submissions

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The FTC’s Bureau of Economics is updating its guidance regarding the best practices for submitting data and economic analysis related to antitrust investigations. BE routinely engages in econometric...
Competition Matters

Technology Task Force looking for technology fellow

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Are you a fast-learning, tech-savvy professional driven to use your expertise to help ensure that competitive technological innovation benefits consumers? Then the FTC may have a unique opportunity...
Competition Matters

Interlocking Mindfulness

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The wellness strategy of the moment is mindfulness: focusing on the present and being completely aware of your situation. Even in the corporate sphere, there are good reasons for anyone in governance...
Competition Matters

Unpacking Divestiture Packages

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Crafting effective merger remedies is one of the Commission’s most important tasks. Done well, a divestiture prevents the competitive harm likely to result from a proposed merger and ensures that...
Competition Matters

The uphill case for a post-Order divestiture

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Designing effective merger remedy orders is one of the Commission’s most important tasks. An effective merger remedy prevents the merger from causing harm. For many years – ever since our 1999...
Competition Matters

HSR threshold adjustments and reportability for 2019

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When Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976, it created minimum dollar thresholds to limit the burden of premerger reporting. In 2000, it amended the HSR statute to...

Patient Right to Know Drug Prices Act

Mission
Competition
Law
Pub. L. No. 115-263, 132 Stat. 3673, codified in relevant part at 21 U.S.C. § 355 note
Section 3 of this Act requires certain agreements involving biosimilar biological drugs to be filed with the antitrust agencies in the same way certain agreements involving generic drugs must be filed...
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Merger Review

How Mergers are Reviewed Among the key provisions in U.S. antitrust law is one designed to prevent anticompetitive mergers or acquisitions. Under the Hart-Scott-Rodino Act, the FTC and the Department...