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Clean Hands Can Stop More than COVID-19: Antitrust Risks in Times of Supply and Demand Shocks


By , and on Mar 17, 2020
Posted In Cartel Enforcement, DOJ Developments

The potential for government investigation increases during periods of rapid and extreme movement in price. The US Department of Justice (DOJ) recently reiterated its focus on prosecuting violations of antitrust laws, especially in areas affected by the coronavirus outbreak. On March 9, 2020, the DOJ announced that individuals or companies engaging in price fixing, bid-rigging,...

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FTC Settlement Agreement Demonstrates Commissioners’ Competing Views on Merger Non-Competes


By and on Oct 4, 2019
Posted In Energy/Commodities, FTC Developments, Mergers & Acquisitions

What Happened DTE and Enbridge’s natural gas pipeline joint venture, Nexus, agreed to purchase the Generation Pipeline (Generation). Generation was owned by a group of sellers including North Coast Gas Transmission (North Coast). Generation’s primary asset is a 23-mile pipeline that serves the Toledo, Ohio, area. North Coast continues to own a competing pipeline near...

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Antitrust M&A Snapshot | US Agencies Aggressive While the EC Publishes Report on Competition Policy for the Digital Era


By and on Aug 28, 2019
Posted In DOJ Developments, EC Developments, EU Developments, FTC Developments, Mergers & Acquisitions

The second quarter of 2019 proved to be a busy season for antitrust matters. In the United States, agencies continued to be aggressive and blocked transactions or required significant remedies. They cleared three mergers where divestitures were required; and in the face of FTC or DOJ opposition, companies abandoned several transactions, including between Republic National...

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Recent Indictments Demonstrate Increased Focus on Bid-Rigging in Government Procurements


By , , and on Jun 6, 2019
Posted In Cartel Enforcement, DOJ Developments

Companies involved in the government contracting industry should take note that the government is honing in on anticompetitive conduct affecting government procurements. The federal government has demonstrated an increased interest in this area, and companies should refresh and audit their compliance programs to avoid hefty civil and criminal penalties and potential prison terms for implicated...

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Antitrust Litigation Update for Health Care Providers


By , and on Jun 4, 2019
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions, Monopolization/Abuse of Dominance, Private Litigation

2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable rise, what kinds of cases were brought over the past two years and how they were decided, and...

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