From the Newsletter, Page 3.
Having spent twenty-one years in the service of the public, and the last seven years in the private practice of law, I have taken on the task, perhaps quite presumptuously, of moralizing to two constituencies — my current brethren and my former brethren.
The European Commission’s prohibition of the merger of General Electric Co. and Honeywell Inc. portends a potentially troubling future for the review and approval of mergers, acquisitions and joint ventures throughout the world.
The transaction passed antitrust muster in the United States, but it encountered insurmountable opposition at the E.U. From numerous published reports, it appears that the competition methodology utilized by the EU differs
Read More Global Merger Control in the New MillenniumEffective February 1, 2001, the HSR Act will be revised in important respects.
On December 21, 2000, the President signed into law the first significant changes in the Hart-Scott-Rodino Act, 15 U.S.C. § 18a, since its enactment in 1976. The Act requires parties intending to merge or make acquisitions of voting securities or assets to provide the Federal Trade Commission (FTC) and the Antitrust Division
Read More Important Notice Re: Changes To The Hart-Scott-Rodino Premerger Notification ActThe GLBA only applies to individuals who obtain financial products or services primarily for personal, family, or household purposes, and does not apply to companies or individuals who obtain financial products or services for business, commercial, or agricultural purposes.
On November 12, 1999, the Gramm-Leach-Bliley Act (GLBA) became law, bringing important changes to the regulation of consumer privacy protection in the financial services industry. Title
Read More Important Notice regarding The Gramm-Leach Bliley ActIn the same month that the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice released their Antitrust Guidelines for Collaborations Among Competitors (“Collaboration Guidelines”), the New York State Attorney General won a decisive victory in a case that challenged a collaborative arrangement between two not-for-profit competitor hospitals.
Reprinted with permission from Matthew Bender’s Antitrust Report, October 2000
Read More Ongoing Lessons From PoughkeepsieThe role of state attorneys general in the development of competition policy in the U.S. continues to grow and evolve. In an increasing array of venues, state enforcers, often under the aegis of the National Association of Attorneys General (NAAG) Multistate Antitrust Task Force (NAAG Task Force), have become an essential component in the antitrust risk assessment for business transactions within the US.
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Read More State Attorneys General: The Third Prong in the Antitrust TriadThe Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and state attorneys general, as any antitrust aficionado knows, have dramatically improved the level of communication, cooperation, and coordination among themselves in the investigation and prosecution of antitrust violations during the past decade.1 Two important examples of such coordination are the 1998 Protocol for Coordination in Merger Investigations Between the Federal
Read More Should the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?Non-profit hospitals and other non-profit or charitable health care organizations may be able to claim a limited exemption from the antitrust laws for the purchase and resale of supplies for their own use under the Non-Profit Institutions Act (15 U.S.C. § 13c.).
In general, the Robinson-Patman Act prohibits the contemporaneous sale in interstate commerce of commodities of like grade and quality for use or resale within
Read More Recent Developments Concerning the Non-Profit Institutions ActIntroduction
The Antitrust Division of the United States Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) released a revised version of their “Statements of Antitrust Enforcement Policy in Health Care” (“Guidelines”) on August 28, 1996. While all nine Statements contained in the Guidelines were reissued, only Statement 8 on physician network joint ventures and Statement 9 on multiprovider networks were revised. A seemingly
Read More The Revised Statements of Antitrust Enforcement Policy in Health Care May Substantially Advance the Creation of New Provider Networks