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Are the So-Called “Killer Acquisitions” Getting a Bad Rap?

NERA Economic Consulting

Location:
San Francisco, Calif.
News Release

Eight Schiff Hardin practice areas earned a National Tier 1 ranking on the 2017 edition of the U.S. News – Best Lawyers® “Best Law Firms” list

The firm also earned 30 Metropolitan Tier 1 rankings across its Ann Arbor, Chicago, Dallas, New York, San Francisco, and Washington, D.C. offices.

News Release

Schiff Hardin Practice Groups Earn Several U.S. News – Best Lawyers "Best Law Firms" Tier 1 Rankings (2016)

Eight Schiff Hardin practice areas earned a National Tier 1 ranking on the 2016 edition of U.S. News – Best Lawyers "Best Law Firms" list.

News Release

Six Schiff Hardin Lawyers Named to 2016 Michigan Super Lawyers, Rising Stars Lists

The Super Lawyers selection methodology includes a statewide nomination process, peer review by practice area, and independent research on candidates.

News Release

2018 Michigan Super Lawyers, Rising Stars Recognized Three Schiff Attorneys

Schiff Hardin LLP is pleased to announce that three attorneys have been named to the 2018 Michigan Super Lawyers and Rising Stars lists.

News Release

Schiff Hardin Earns 38 Top-Tier Rankings by U.S. News – Best Lawyers

Schiff Hardin announced today that the firm earned top recognition for its marquee practices nationally and in key markets in the 2018 edition of U.S. News – Best Lawyers® “Best Law Firms.”

In The News
News Release

Schiff Attorneys Recognized in Michigan Women’s Edition for Fifth Year in a Row

Partners Joanne Faycurry and Suzanne Wahl have been included in the 2019 Michigan Women’s Edition Super Lawyers and Rising Stars lists for the fifth consecutive year.

News Release

Schiff Hardin Adds Seasoned Antitrust Lawyer Jack Bierig

Schiff Hardin LLP announced today that Jack Bierig has joined the firm as counsel in the Litigation and Dispute Resolution Practice Group in Chicago.

News Release

Best Lawyers Recognizes 59 Schiff Attorneys, Six “Lawyers of the Year,” and 21 Ones to Watch

Schiff Hardin LLP is pleased to announce that 59 attorneys have been listed in the 2021 edition of The Best Lawyers in America, with six attorneys also being named a “Lawyer of the Year” in their respective areas of practice and location.

News Release

Three Partners Named to Michigan 2020 Super Lawyers and Rising Stars Lists

Schiff Hardin LLP is pleased to announce that three attorneys have been named to the Michigan Super Lawyers and Rising Stars lists for 2020.

News Release

Two Partners Recognized in 2020 Michigan Women’s Edition Super Lawyers and Rising Stars

Schiff Hardin is pleased to announce that Partners Joanne Faycurry and Suzanne Wahl have been included in the 2020 Michigan Women’s Edition Super Lawyers and Rising Stars lists for the sixth consecutive year.

Newsletter
Newsletter
Article

Appellate Court Affirms FTC’s Finding of Illegal Exclusive Dealing Program

On April 15, 2015, a panel of the 11th Circuit affirmed a decision by a divided Federal Trade Commission that McWane, Inc. violated FTC Act Section 5 with a partial exclusive dealing program adopted to combat a rival.

Trending Legal Issue
Trending Legal Issue
Blog Post

NGA Does not Preempt State Antitrust Suits

Schiff Hardin Energy & Environmental Law Adviser

Article

PhRMAs Objections to HSR Rule on Exclusive Licenses Face Skeptical Appellate Judges

The Federal Trade Commission's Premerger Notification Office (FTC) has long interpreted Hart-Scott-Rodino (HSR) premerger notification requirements to cover exclusive licenses as a reportable acquisition (assuming all other requirements are met) if the licensor did not retain any rights to "make, use or sell" under the patent.

Trending Legal Issue
Trending Legal Issue
Newsletter

Sentencing Credit Given for Upgrading Antitrust Compliance Program After the Antitrust Investigation

Barclays PLC was one of four investment banks that entered into a plea agreement for its role in a conspiracy to manipulate prices in the foreign currency exchange. When the investigation of Barclays began, the bank aggressively undertook to upgrade its compliance program. Those efforts paid off.

Alert

9th Circuit Finds Market Allegations Sufficient, Overturns Dismissal in Sutter Health Tying Case

Last week, a 9th Circuit panel overturned the dismissal of plaintiffs’ tying and steering antitrust claims in the putative class action of Sidibe, et. al. v. Sutter Health.

Alert

DOJ, FTC Announce New Antitrust Guidance for Recruiting and Hiring; Criminal Enforcement Possible

Many companies—and the HR professionals and other executives who worked for them—have found out the hard way that business-to-business agreements on compensation and recruiting can violate the antitrust laws and bring huge corporate and personal penalties.

Alert

DOJ Polices e-Commerce Antitrust Violations

In December 2015, the Department of Justice’s investigation into the alleged price-fixing of internet-sold wall posters resulted in the indictment of Daniel William Alston and his Britain-based company, Trod Ltd.

Alert

Dominant Ill. Hospital’s Exclusive Contracts Not Anticompetitive

Exclusive dealing agreements, while common across industries, raise real antitrust issues for companies with arguably high market shares.

Alert

Failure to Comply with the HSR Act Just Got More Expensive

In late June, the Federal Trade Commission raised its maximum civil penalties. The new maximums will apply to civil penalties assessed after August 1, 2016, and will include civil penalties for violations that occurred prior to the effective date.

Alert

Four Key Changes to the Antitrust Guidelines for Licensing of Intellectual Property—DOJ, FTC Invite Comments

Mark September 26, 2016, on your calendar as the deadline to tell the DOJ and FTC what should be changed, or not, in the Antitrust Guidelines for the Licensing of Intellectual Property.

Alert

Hicks v. PGA: Caddies’ Complaint Lands in the Rough

A lawsuit filed against the PGA Tour by a group of 168 golf caddies was recently dismissed with prejudice by the District Court for the Northern District of California.

Alert

Jury Clears Chrysler of RP Discrimination: Lower Prices Were “Functionally Available”

Last week, a federal jury in Northern California found that Fiat Chrysler’s U.S. entity did not violate Robinson-Patman’s prohibition on price discrimination with its dealer incentive programs.

Alert

New HSR Thresholds to Take Effect Soon

On January 21, 2016, the FTC announced the annual adjustments to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Act (HSR).

Alert

New or Changed Regulations from Executive Order on Competition?

A new Executive Order instructs departments to consider steps to increase competition in the economy.

Alert

Olympic Runner’s Antitrust Suit Can’t Clear Hurdle

An antitrust lawsuit filed by Run Gum, a manufacturer of energy-enhanced chewing gum founded by two-time Olympic runner Nick Symmonds, was recently dismissed with prejudice in federal district court.

Article

Right of Publicity Actions Waning Despite Denial of Certiorari

This week, the U.S. Supreme Court denied Electronic Arts Inc.’s petition for certiorari in Electronic Arts v. Davis.

Alert

Seventh Circuit: Size Doesn’t Always Matter under Robinson-Patman

The Seventh Circuit Court of Appeals overturned the district court’s decision in Woodman’s Food Market, Inc. v. Clorox Company.

Article

Supreme Court Likely to Decide on McWane Petition for Certiorari next Monday

Last year, the Eleventh Circuit affirmed the FTC’s finding that McWane, Inc. had violated Section 5 of the FTC Act via exclusive dealing.

Alert

Third Circuit Provides Guidance on Loyalty Discounts

Loyalty discounts are common marketing schemes that sometimes violate the antitrust laws. In this case, the Third Circuit interprets its extensive precedents to provide guidance on the unusual circumstances when these pricing programs are anticompetitive.

Alert

You Don’t Need to Agree on the Price to Get into Antitrust Trouble

For the second time in a year, the DOJ Antitrust Division has sued a set of competing hospitals for agreements not to advertise in each other's territory. Such naked agreements not to compete in this way will always raise serious antitrust issues. Businesses should institute or upgrade compliance programs to avoid such agreements.

Alert

1-800 Contacts’ Trademark Agreements with Rivals Not Safe from Antitrust Scrutiny

Last August, the Federal Trade Commission issued an administrative complaint against 1-800 Contacts alleging that the company’s agreements with its competitors over the use of trademarks in search advertising violated FTC Act Section 5.

Alert

7th Circuit Affirms Summary Judgment for Dominant Illinois Hospital and its Exclusive Contracts

Last fall, the dominant hospital in Peoria, Ill. won summary judgment against a claim of anticompetitive, exclusive dealing agreements made by its major competitor.

Alert

New HSR Thresholds to Take Effect Soon

On January 19, 2017, the FTC announced the annual adjustments to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Act (HSR).

Alert

Pharma Giants in Antitrust Pricing Lawsuit over Biosimilars

Pfizer sued Johnson & Johnson (J&J) in federal court in Pennsylvania last week, alleging anticompetitive discounts and other actions to prevent competition with J&J’s biologic Remicade.

Alert

Senate Democrats Propose Major Changes in Antitrust Review of Mergers

Fears of increased concentration in certain industries have led to calls in the media for greater antitrust scrutiny of mergers.

Alert

Supreme Court Decision in BMS Limits Where Companies Can Be Sued

The U.S. Supreme Court’s decision delivered this week in Bristol-Myers Squibb v. Superior Court of California (BMS) reaffirmed the Court’s commitment to limiting state courts’ jurisdiction over national class actions.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today

Whether dealing with online competitors, market disruption or regulatory uncertainty, companies operating in the U.S. face a host of new and ongoing challenges.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #1 New Enforcement Officials

While there is general consensus in the antitrust community that antitrust enforcement should be focused on protecting competition, there is disagreement about how active antitrust enforcement should be.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #2 Competitor Collaboration

Antitrust law has always been concerned about certain types of collaboration among competitors – but it has at times acknowledged that benchmarking, joint ventures, and information exchanges can promote competition if done properly.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #3 Pricing

Prices provide crucial information to buyers and sellers, and so have always been critical to a competitive economy and antitrust law.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #4 Merger Review

Merger review has long been the aspect of antitrust law most visible in the general media – and the run-up to the November election was no exception.

Alert

Top 5 Antitrust Issues Facing Companies in the U.S. Today: #5 Intellectual Property

Decades ago, antitrust enforcement officials developed the “9 No-No’s” regarding patents and licenses. The days of antitrust hostility toward intellectual property are behind us, but renewed tension between antitrust and intellectual property policy seems to be growing.

Alert

Congress Enacts New Law to Control Foreign Investments in the U.S.

President Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) to modernize the CFIUS review process to address 21st century national security concerns today. Congress enacted FIRRMA as Title XVII of the Fiscal Year 2019 National Defense Authorization Act, HR 5515.

Alert

DOJ Antitrust Division Again Emphasizes Risks of “No-Poach” Agreements

In a recent speech, the head of the Antitrust Division of the U.S. Department of Justice (DOJ) once again warned companies about the antitrust risks of certain agreements among employers not to hire each other’s employees.

Alert

New HSR Thresholds to Take Effect Soon

On January 26, 2018, the Federal Trade Commission announced upward revisions to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino (HSR) Act.

Alert

“No Export” Provision in Sales Agreement Survives Antitrust Challenge

Late last week, the New Jersey federal court dismissed with prejudice a case where a customer challenged under the antitrust laws a car manufacturer’s requirement that he agree not to export a Jaguar Land Rover shortly after buying it.

Alert

New HSR Thresholds to Take Effect Soon

On February 15, 2019, the Federal Trade Commission (FTC) announced upward revisions to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino (HSR) Act.

Alert

Upcoming Seventh Circuit Ruling May Impact Standards for Refusal to Deal Claims

In Viamedia v. Comcast, the Seventh Circuit is currently reviewing a district court’s decision to dismiss a refusal to deal claim on a 12(b)(6) motion because plaintiff Viamedia failed to allege that Comcast’s refusal to deal had no rational competitive purpose.

Alert

Anticompetitive Patent-Listing Decision May Clear Patent Thicket for Generic Pharma Industry

The First Circuit handed the generic pharmaceutical industry an early Valentine’s Day treat earlier this month by resuscitating an antitrust suit against Sanofi by direct purchasers of insulin glargine.

Alert

DOJ’s Big Reveal on How to Avoid Corporate Criminal Prosecutions

Two months ago, the U.S. Department of Justice (DOJ) updated its guidance to aid federal prosecutors in making charging decisions or, later, sentencing decisions.

Alert

New HSR Thresholds to Take Effect Soon

The Federal Trade Commission (FTC) announced upward revisions to the jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino (HSR) Act last week.

Alert

States and Municipalities with Federal Antitrust Immunity Unlikely to Be Affected by Market Participant Exception

Following two recent federal court decisions, states and municipalities that otherwise qualify for state action immunity from federal antitrust laws remain unlikely to lose it for allegedly acting as market participants.