Photo of Benjamin H. Diessel

Ben is a Partner in Wiggin and Dana’s Litigation Department, chair of the firm’s Antitrust and Technology Disputes Practice Group, and a founding member of the firm’s Standard Essential Patent Licensing and Litigation Practice Group.

The Federal Trade Commission (FTC) has announced its intention to ramp up enforcement of the Robinson-Patman Act (RPA), a Great Depression era anti-price discrimination law. Neither the FTC nor the DOJ has significantly enforced the RPA for several decades. This announcement marks a major shift in the enforcement landscape. Companies should work with counsel to take stock of pricing activities and to review potentially impacted

Read More The FTC to Vigorously Enforce The Robinson-Patman Act

The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011.  The reason given was that the guidance documents were deemed “obsolete.”

The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for health care providers.  Simply stated, if a company complied strictly

Read More US DOJ Antitrust Division Withdraws Safety Zones

As we continue in another year of growth, we want to assure you that we are here to provide timely, cost effective and thoughtful legal counsel to a diverse client base. Attached is our M&A practice year end review. We trust you will find it both interesting and a reflection of our expertise as we look forward to the year ahead.

To read more, please

Read More 2022 M&A End Year Report

Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the

Read More Senior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust Magazine

Partner Benjamin Diessel, Senior Counsel Robert Langer and Associate Zeynep Aydogan authored a piece titled, “FTC Merger Policy Shifts May Spur Uncertainty And Risk” for Law360. The article discusses the recent measures that the Federal Trade Commission has taken to “reshape its enforcement priorities for review of mergers and acquisitions.”

Traditionally, new policies have been adopted jointly by the FTC and the U.S.

Read More “FTC Merger Policy Shifts May Spur Uncertainty And Risk”

The Federal Trade Commission (“FTC” or “Commission”) has recently taken bold measures to reshape the Commission’s enforcement priorities for review of mergers and acquisitions. The FTC shares jurisdiction over such reviews with the United States Department of Justice (“DOJ”). Accordingly, new policies have historically been adopted jointly by the FTC and DOJ. Several recent actions of the FTC, however, have been undertaken unilaterally in a stark

Read More The FTC’s Recent Unilateral Changes in Its Merger Policies Creates Both Uncertainty and Increased Risk

“From key court decisions in the United States and Europe to positive policy developments, write Joseph Casino, Benjamin Diessel and Michael Kasdan of Wiggin and Dana, the global SEP community has had much to celebrate this year.”

Partners Joseph CasinoBenjamin Diessel and Michael Kasdan have co-authored an article for IAM titled, “Remembering a Blissful Summer for SEP Owners.”

To read the article, click

Read More Remembering a Blissful Summer for SEP Owners

Wiggin and Dana attorneys Robert M. LangerBenjamin H. Diessel and Timothy Cowan’s advisory titled, “100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice” has been published by The National Law Review.

To read their piece on the The National Law Review‘s website, click here.

Read More Attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law Review

On April 30, 2020, the US Department of Justice Antitrust Division (DOJ) announced that it had settled a criminal antitrust case against a group of physicians that has resulted in the payment of a $100 million penalty. Medical providers, take notice.

This action by the DOJ was brought against the Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers

Read More 100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice

Wiggin and Dana is pleased to present its Intellectual Property Practice Group’s latest newsletter: “Recent Developments in IP Law.” This newsletter takes a look back at some of the biggest developments in intellectual property law in 2019, as well as a look forward at what we can expect for 2020.

To read the newsletter, please click the PDF link at the bottom of the page.

Read More Recent Developments in Intellectual Property Law