The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011.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 ZonesOn July 11, 2019, the Antitrust Division of the U.S. Department of Justice published an advisory concerning corporate compliance programs and announced a new approach to criminal charging decisions against companies.[i] Specifically, the advisory states that consideration of a company’s antitrust compliance program can serve as a critical factor in deciding whether to pursue criminal charges against a company. In other words, the…
Read More Important New Guidance — How an Effective Antitrust Compliance Program Could Prevent Criminal Charges Against Your CompanyBACKGROUND DISCUSSION
The Antitrust Guidelines for Intellectual Property (hereinafter “IP”) Licensing (hereinafter “the Guidelines”), issued jointly by the Justice Department and the FTC (hereinafter collectively referred to as “the Agencies”) on April 6, 1995, will undoubtedly have a significant impact on the drafting, negotiation, and subsequent scrutiny, by the government and private citizens, of domestic licensing arrangements, as well as multinational licenses having an impact…
Read More The Impact of the New Antitrust Guidelines on Licensing