The Federal Trade Commission and the Department of Justice issued today updated Antitrust Guidelines for the Licensing of Intellectual Property that explain how the federal antitrust agencies evaluate licensing and related activities involving patents, copyrights, trade secrets, and know-how.
From: Storm, EvanSent: Thursday, December 01, 2016 3:21 PMTo: [REDACTED]Cc: [REDACTED]Subject: RE: 802.51(c)
We agree with your analysis.
From: [REDACTED]Sent: Wednesday, November 30, 2016 6:53 PMTo: Storm, Evan; Gillis, Diana L.; Whitehead, Nora; Shaffer, Kristin;...
From: Whitehead, NoraSent: Wednesday, November 30, 2016 10:29 AMTo: [REDACTED]Subject: RE: Agricultural Cooperatives
You are right that there is no general exemption for agricultural co-ops. Informal 1201002 has that notation because we no longer look to whether the members have...
From: Carson, TimothySent: Wednesday, November 30, 2016 5:42 PMTo: [REDACTED]Cc: Gillis, Diana L.; Whitehead, Nora; Walsh, Kathryn E.Subject: RE: CTO Question
If the Acquiring Person will acquire 50% or more of the voting securities of Target via the cash tender offer...
From: Whitehead, NoraSent: Thursday, November 17, 2016 10:33 AMTo: [REDACTED]Subject: RE: HSR Question re Foreign Bankruptcy
The 15-day waiting period would not apply to this foreign bankruptcy (and Interp. 230 in the premerger practice manual would be inapplicable). Because this is...
From: Storm, EvanSent: Tuesday, November 15, 2016 11:11 AMTo: [REDACTED]Subject: RE: Item 6(b) holders - LLPs
For LLPs, unlike LPs, we require listing of all holders of 5% or more.
From: [REDACTED]Sent: Wednesday, November 09, 2016 12:42 PMTo: Storm, EvanCc: [REDACTED]...
From: Whitehead, NoraSent: Tuesday, November 08, 2016 1:55 PMTo: [REDACTED]Cc: Walsh, Kathryn E.; Berg, Karen E.; Gillis, Diana L.; Carson, Timothy; Shaffer, KristinSubject: RE: Voting Trust/ Interps 1503001/1406014
Agree with both your points.
From: Gillis, Diana L.Sent: Friday, November 04, 2016 2:56 PMTo: [REDACTED]Cc: Berg, Karen E.; Walsh, Kathryn E.; Carson, Timothy; Shaffer, KristinSubject: RE: Technical Reporting Question Regarding Item 7(c)
[REDACTED] you can list “national” for codes that fall under 7(c)(iv)(a)...
[REDACTED] this is useful to know – we went to great lengths after the issuance of the rulemaking to explain that corporations could have associates, though it is “unlikely” as you note below.
If anyone ever has a question on this point, please refer that person to the PNO.
If the UPE and Acquired Entity are operating companies, you do not need to provide financials for their consolidated subsidiaries. However, the financials for unconsolidated subsidiaries that derive revenue in an overlapping code should be provided.
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that CentraCare’s acquisition of St. Cloud Medical Group, also known as SCMG, would be anticompetitive.
The Federal Trade Commission staff submitted a supplemental comment and analysis to the Tennessee Department of Health that opposes issuing a certificate of public advantage, or COPA, to Mountain States Health Alliance and Wellmont Health System.
On April 18, 2017, the Federal Trade Commission will host a workshop to examine competition, innovation, and consumer protection issues raised by hearing health and technology, especially hearing aids.
It was another busy year for antitrust news. Here’s my look back at the top ten FTC-related antitrust developments for the year that was 2016 (in chronological order):
German pharmaceutical company Boehringer Ingelheim has agreed to divest five types of animal health products in the United States in order to settle FTC charges that its proposed asset swap with Paris-based Sanofi would likely be anticompetitive.
U.S.-based global healthcare company Abbott Laboratories has agreed to divest two medical device businesses to settle FTC charges that its proposed $25 billion acquisition of St. Jude Medical, Inc. would likely be anticompetitive.
Federal Trade Commission staff has submitted a comment to the Iowa Board of Physician Assistants supporting a regulatory proposal to define physician supervision of a physician assistant (PA), in response to a Board request for public comments.