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Matt Evola assists clients with premerger analysis and notification under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act and in defending mergers and acquisitions before the US Federal Trade Commission (FTC), US Department of Justice (DOJ), state antitrust authorities and foreign competition authorities. He also counsels clients in relation to complex antitrust litigation and government investigations. Matt has experience in a variety of industries, including representing clients in the healthcare, pharmaceutical, packaging, aggregates, consumer products, and telecommunications industries. Read Matt Evola's full bio.
THE LATEST: DOJ Distinguishes ‘No-Poach’ Agreements
By Matt Evola and Nicole Castle on Mar 14, 2019
Posted In DOJ Developments, Private Litigation
WHAT HAPPENED: The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between franchisors like Carl’s Jr, Auntie Anne’s and Arby’s and their franchisees. In the statement, the DOJ distinguished between “naked” no-poach agreements between competitors and the...
Notification Threshold Under the Hart-Scott-Rodino Act Increased to $90 Million
By Gregory E. Heltzer and Matt Evola on Feb 15, 2019
Posted In DOJ Developments, FTC Developments
The US Federal Trade Commission recently announced increased thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976 and for determining whether parties trigger the prohibition against interlocking directors under Section 8 of the Clayton Act. Notification Threshold Adjustments The US Federal Trade Commission (FTC) announced revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act of 1976...
THE LATEST: DOJ Announces New Model Timing Agreement for Merger Investigations
By Gregory E. Heltzer and Matt Evola on Dec 4, 2018
Posted In DOJ Developments, Mergers & Acquisitions
Consistent with Assistant Attorney General Delrahim’s speech on September 25, 2018, the DOJ released a new Model Timing Agreement which sets out that it will require fewer custodians, take fewer depositions, and commit to a shorter overall review period in exchange for the provision of detailed information from the merging parties earlier in the Second...
THE LATEST: DOJ and FTC Take Divergent Positions on Intellectual Property Issue
By Matt Evola on Oct 25, 2018
Posted In DOJ Developments, FTC Developments, IP Antitrust
In testimony before the Senate Subcommittee on Antitrust, Assistant Attorney General Makan Delrahim from the US Department of Justice (DOJ) and Chairman Joseph Simons from the US Federal Trade Commission (FTC) staked out differing interpretations of when antitrust considerations are relevant in standard setting agreements restricted by fair, reasonable and non-discriminatory (FRAND) rates, a rare...
THE LATEST: FTC Continues Focus on Improving Procedures for Evaluating Remedy Packages
By Gregory E. Heltzer and Matt Evola on Sep 10, 2018
Posted In FTC Developments, Mergers & Acquisitions
WHAT HAPPENED The FTC posted a short article indicating that after finalizing a settlement package with FTC Staff, it takes approximately four weeks for the Directors of the Bureau of Competition and the Bureau of Economics (the Directors), as well as the Commission to review the Directors’ recommendations and vote on the package. The FTC...
THE LATEST: Class Certification Denied – Indirect Purchases Fail to Substantiate Link between Higher Input Costs and Higher Product Prices
By Matt Evola on Mar 9, 2018
Posted In Private Litigation
Indirect purchaser plaintiffs’ motion for class certification in a lithium ion battery suit was denied for failing to show concrete evidence linking increased input costs to increased end-product prices; theoretical inference is not enough. WHAT HAPPENED: The US District Court for the Northern District of California denied a motion for class certification for a proposed...
THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit
By Matt Evola on Feb 14, 2018
Posted In IP Antitrust, Private Litigation
The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton. WHAT HAPPENED: The tug-of-war between antitrust and intellectual property continued Friday, February 9, with the Federal Circuit transferring a Walker Process claim to the Fifth...
THE LATEST: Non-Infringement of a Patent Also Not an Antitrust Injury
By Matt Evola on Dec 18, 2017
Posted In IP Antitrust, Private Litigation
WHAT HAPPENED: Wading into the merging streams of antitrust and patents, the US Court of Appeals for the Ninth Circuit upheld dismissal of an antitrust suit where a jury verdict in a parallel case found no patent infringement. Cascades Computer Innovation, LLC v. RPX Corp. and Samsung Electronics Co. Ltd., Case No. 16-15782 (9th Cir.,...
THE LATEST: FTC Acting Chairman Ohlhausen Signals Potentially Reduced Role for Antitrust Oversight of Intellectual Property Disputes
By Matt Evola and McDermott Will & Emery on Oct 23, 2017
Posted In FTC Developments, IP Antitrust
WHAT HAPPENED On Friday, October 13, acting FTC chairman Maureen Ohlhausen delivered a speech at the Hillsdale College Free Market Forum titled, “Markets, Government, and the Common Good,” highlighting her view on the intersection between IP and antitrust domestically and abroad. Chairman Ohlhausen’s position, that IP rights must be vigorously protected, is in line with...