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Anthony S. Ferrara focuses his practice on regulatory and antitrust matters. Read Anthony S. Ferrara's full bio. 

Government Amicus Efforts Show Antitrust Policy Via Advocacy


By , and 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 , and 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 and 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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2019 in Review: Overview of Cartel Investigations


By , , and on Mar 18, 2020
Posted In Cartel Enforcement, DOJ Developments, EC Developments, EU Developments, Private Litigation

The Department of Justice Antitrust Division (DOJ) was active in 2019. At the beginning of 2019, the DOJ was preparing for trial in six matters and had 91 pending grand jury investigations. Throughout 2019, the DOJ made public several new investigations, including in the commercial flooring industry, online auctions for surplus government equipment, the insulation...

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Aerospace and Defense Series: DOJ and FTC Vertical Merger Guidelines Will Impact Government Contractors


By and on Feb 24, 2020
Posted In DOJ Developments, FTC Developments, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions

Last month, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) released updated Vertical Merger Guidelines in draft form. These guidelines provide a useful resource for aerospace and defense contractors involved in M&A transactions. Vertical competition issues frequently arise in this industry given the nature of the supply base and contracting and...

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FTC Considers Taking on Non-Competes in the Workplace Through Rulemaking


By and on Jan 29, 2020
Posted In FTC Developments

The Federal Trade Commission (FTC) is considering a rulemaking to address the use of non-compete provisions in employment contracts. On January 9, 2020, the FTC held a day-long workshop to start a public conversation on whether it should use its rulemaking power to take on this issue. The two Democratic Commissioners have expressed strong support...

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FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor


By , and on Jan 17, 2020
Posted In FTC Developments, Mergers & Acquisitions

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a body-worn camera competitor, from Safariland. The FTC also challenged non-compete agreements that Axon and Safariland signed in connection with the acquisition. The complaint demonstrates the...

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DOJ and Merging Parties Agree on Unprecedented Arbitration Procedure to Resolve Merger Challenge


By , and on Oct 11, 2019
Posted In DOJ Developments, Mergers & Acquisitions

WHAT HAPPENED: On September 4, 2019, the US Department of Justice’s Antitrust Division (DOJ) sued to block Novelis Inc.’s proposed $2.6 billion acquisition of Aleris Corporation. DOJ alleged that the transaction would combine two of only four North American producers of aluminum auto body sheet (ABS). DOJ further alleged that Aleris was a new and...

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Texas Court Declares Licensing Offer Based on End Device Is FRAND, Diverges from California Court in Qualcomm


By , and on Jun 3, 2019
Posted In IP Antitrust, Private Litigation

Standard-essential patent holders and implementers may face uncertainty regarding licensing practices following a May 23 Texas court ruling. In the ruling, a Texas federal judge reached a conclusion different from a recent California court decision—FTC v. Qualcomm—on the question of whether an SEP holder must base its royalty rates on the “smallest salable patent-practicing unit”...

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Federal Judge Finds Qualcomm Violated the FTC Act Through Monopolistic and Exclusionary Conduct


By , and on May 23, 2019
Posted In FTC Developments, IP Antitrust, Monopolization/Abuse of Dominance

On May 21, a California federal judge ruled in favor of the Federal Trade Commission (FTC) in its suit against Qualcomm in a much-anticipated decision, concluding that Qualcomm violated the FTC Act by maintaining its monopoly position as a modem chip supplier through a number of exclusionary practices, including refusing to license standard essential patents...

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