Antitrust practitioners generally consider themselves well-versed in key antitrust principles, cases, and developments. They freely allude to “Colgate” and “GTE Sylvania” — meaning something other than toothpaste and televisions — in their everyday conversation. To remain at the top of their trade, they make an effort to stay current on the evolution of antitrust doctrines emanating from the U.S. Supreme Court and the application and
Read More So You Think You’re Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the StatesPublished Work
ABA Newsletter of the Consumer Protection Committee — Serving The Client And The Public: Lessons From A Former State Assistant Attorney General
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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.
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Read More ABA Newsletter of the Consumer Protection Committee — Serving The Client And The Public: Lessons From A Former State Assistant Attorney GeneralGlobal Merger Control in the New Millennium
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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 MillenniumOngoing Lessons From Poughkeepsie
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In 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.
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Reprinted with permission from Matthew Bender’s Antitrust Report, October 2000
Read More Ongoing Lessons From PoughkeepsieState Attorneys General: The Third Prong in the Antitrust Triad
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The 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 TriadCan the King’s Physician (Also) Do No Wrong?
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- Discrimination against interstate commerce
- Excessive burden on
Should the Antitrust Division, the FTC, and State Attorneys General Formally Allocate the Market for Antitrust Enforcement?
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The 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?Recent Developments Concerning the Non-Profit Institutions Act
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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 ActThe Revised Statements of Antitrust Enforcement Policy in Health Care May Substantially Advance the Creation of New Provider Networks
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Introduction
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 NetworksNew Guidelines Try to Reverse Perceived “Chilling Effect’ on Network Development
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While all nine statements in the Statements of Antitrust Enforcement Policy in Health Care were re-issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) on Aug. 28, only Statement 8 on physician network joint ventures and Statement 9 on multiprovider networks were actually revised.
The revisions to Statements 8 and 9 am intended to give health care providers greater flexibility in…
Read More New Guidelines Try to Reverse Perceived “Chilling Effect’ on Network Development