Anthony S. Ferrara
Subscribe to Anthony S. Ferrara's PostsAnthony S. Ferrara focuses his practice on regulatory and antitrust matters. He advises clients on mergers and acquisitions, including obtaining clearance from the Federal Trade Commission (FTC) and Department of Justice (DOJ). He also counsels clients in relation to complex antitrust litigation and government investigations. Anthony has assisted clients across a variety of industries, including the aerospace and defense, pharmaceutical, consumer products, and energy sectors. In addition to his antitrust work, he maintains an active pro bono practice. Read Anthony S. Ferrara's full bio.
Antitrust M&A Snapshot | Q1 2022
By Anthony S. Ferrara, Hannelore Wiame, Jon B. Dubrow, Joel R. Grosberg and Lisa P. Rumin on May 6, 2022
Posted In DOJ Developments, EC Developments, EU Developments, French Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
In the United States, antitrust agencies continue with their aggressive merger enforcement posture. The agencies challenged four transactions this quarter, including multiple vertical mergers. The agencies are increasingly skeptical of merger remedies, including behavioral remedies and divestitures. The Federal Trade Commission (FTC) and the Department of Justice (DOJ) are working together to update the current...
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DOJ Faces Setbacks in Labor Market Prosecutions but Remains Determined
By Anthony S. Ferrara on Apr 26, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust
WHAT HAPPENED On back-to-back days this month, defendants charged and prosecuted by the US Department of Justice’s Antitrust Division (the DOJ) were acquitted on all Sherman Act charges in first-of-their-kind criminal antitrust trials involving labor markets. On April 14, 2022, in United States v. Jindal, a federal jury in the US District Court for the...
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Heard on Day Two and Three of 2022 Antitrust Law Spring Meeting
By Lisa P. Rumin, Han Cui, Claire Danberg, Anthony S. Ferrara, Graham Hyman and Zachary Sproull on Apr 12, 2022
Posted In Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
On April 7 and 8, 2022, the American Bar Association’s Antitrust Law Section wrapped up its annual Spring Meeting. The event featured updates and remarks from several antitrust enforcers, including FTC Chair Lina Khan and US Assistant Attorney General for the Antitrust Division Jonathan Kanter. In this post, we share key takeaways from the final...
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Heard on Day One of 2022 Antitrust Law Spring Meeting
By Lisa P. Rumin, Anthony S. Ferrara, Reese Poncia, Alexandra Lewis, Graham Hyman, Joshua W. Eastby and Han Cui on Apr 7, 2022
Posted In Cartel Enforcement, DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance
This week, the American Bar Association’s Antitrust Law Section kicked off its annual Spring Meeting in Washington, DC, which features updates from the antitrust enforcers and substantive discussions on today’s most pressing antitrust issues. In this post, we share key takeaways from the first day of the Spring Meeting. Agencies Continue to Be Hostile to...
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Cartel Corner | March 2022
By Justin P. Murphy, Paul M. Thompson, Han Cui, Joshua W. Eastby, Anthony S. Ferrara, Alexandra Lewis and Reese Poncia on Mar 21, 2022
Posted In Agriculture, Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, FTC Developments, Healthcare Antitrust, Monopolization/Abuse of Dominance
The US Department of Justice’s (DOJ) Antitrust Division (Division) has continued to actively investigate and pursue alleged criminal violations of antitrust laws and collusive activity in government procurement. US Attorney General Merrick Garland noted in a March 2022 speech at the ABA Institute on White Collar Crime that the Division ended last fiscal year “with...
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Mitigating Antitrust Risk in Defense Deals Amid Scrutiny
By Jon B. Dubrow, Lisa P. Rumin and Anthony S. Ferrara on Mar 8, 2022
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
As the Biden administration calls for tougher antitrust enforcement, the aerospace and defense (A&D) industry faces increased antitrust scrutiny. In this Law360 article, McDermott’s Jon Dubrow, Lisa Rumin and Anthony Ferrara explain how policy changes by the Federal Trade Commission, the Antitrust Division of the US Department of Justice and the US Department of Defense...
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Antitrust M&A Snapshot | Q2 2020
By Anthony S. Ferrara on Sep 2, 2020
Posted In Brussels Developments, DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions
In the United States, despite requesting additional time to review pending mergers, the US antitrust agencies have continued their work through the COVID-19 pandemic. The Department of Justice (DOJ) and Federal Trade Commission (FTC) reached settlements with a number of merging parties during Q2 2020, and the FTC is proceeding to trial in several merger...
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Government Amicus Efforts Show Antitrust Policy Via Advocacy
By Michelle Lowery, Anthony S. Ferrara and McDermott Will & Emery on May 22, 2020
Posted In Distribution/Franchising, DOJ Developments, FTC Developments, IP Antitrust
Under the administration of President Donald Trump, the US Department of Justice’s Antitrust Division has significantly ramped up its private litigation amicus program. The Antitrust Division has filed an increasing number of amicus briefs and statements of interest at the appellate and district court levels in an effort to influence the development of antitrust law....
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DOJ Will Not Challenge COVID-19 Response Distribution Collaboration
By Anthony S. Ferrara, Ashley Fischer and Katharine M. O'Connor on Apr 24, 2020
Posted In Distribution/Franchising, DOJ Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration
The United States Department of Justice Antitrust Division (DOJ) has issued a second Business Review Letter pursuant to the expedited review process it announced on March 24, 2020 to review conduct related to COVID-19 within seven days. The letter released on April 20, 2020 issued to AmerisourceBergen Corporation, which follows a letter issued last week to medical/surgical distributors, again shows...
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United Technologies/Raytheon Highlights Key Issues in Aerospace and Defense Industry Merger Review
By Anthony S. Ferrara and Jon B. Dubrow on Apr 23, 2020
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions, Monopolization/Abuse of Dominance
The DOJ Antitrust Division’s recent challenge to the United Technologies/Raytheon merger highlights a few key considerations for antitrust reviews of aerospace and defense industry transactions. The case is a useful illustration of important principles applicable to this unique industry. Access Full Article
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