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David Balto (Law Offices of David A. Balto)
FTC Needs To Stop The Express Scripts-Medco Merger
November 03, 2011

Antitrust enforcement has certainly been revived at the Obama Justice Department. With recent cases against Comcast/NBC, health insurers and telecom firms, the DOJ has begun to demonstrate why…

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Jeffrey May (Wolters Kluwer)
Customers’ Efforts to Use Arbitration to Challenge AT&T/T-Mobile Merger Fail
October 31, 2011

Federal district courts around the country have blocked AT&T Mobility LLC customers from pursuing arbitration to challenge the merger of AT&T Mobility and T-Mobile USA Inc.—a transaction…

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Jeffrey May (Wolters Kluwer)
Federal Antitrust Agencies Offer Guidance to Health Care Providers Forming Accountable Care Organizations
October 20, 2011

Today, several federal agencies, including the federal antitrust agencies, issued rules and guidance for assisting health care providers in the formation of new accountable care organizations (ACOs…

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Jeffrey May (Wolters Kluwer)
Antitrust Decision from Supreme Court Unlikely During Current Term
October 12, 2011

It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters.…

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Jeffrey May (Wolters Kluwer)
Higher Premerger Filing Fees Included in Senate Appropriations Proposal
September 26, 2011

The Senate Appropriations Committee has approved legislation that, in addition to funding the Federal Trade Commission next year, would increase the Hart-Scott-Rodino (HSR) Act premerger filing fees…

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Jeffrey May (Wolters Kluwer)
Seven States Join U.S. in Suit to Block AT&T’s Acquisition of T-Mobile
September 19, 2011

The Attorneys General of California, Illinois, Massachusetts, New York, Ohio, Pennsylvania, and Washington have signed on to the U.S. Justice Department’s complaint challenging AT&T, Inc.’s…

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Theodore Banks (Scharf Banks Marmor, LLC)
Is There a Secret Antitrust Division Policy Regarding Compliance Programs?
September 13, 2011

As we all know, human beings are imperfect.  Even when they are told how to do something, they sometimes just don't follow instructions.  The consequences of not following instructions can run the…

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Theodore Banks (Scharf Banks Marmor, LLC)
What Is a Relevant Market Anyhow?
September 01, 2011

The Eight Circuit, in FTC v. Lundbeck, Inc., No. 10-3458/3459 (Aug. 19, 2011), upheld the district court’s finding that the FTC failed to show a relevant market, and thus was unable to challenge the…

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Jeffrey May (Wolters Kluwer)
AT&T’s Planned Acquisition of T-Mobile Challenged by Justice Department
August 31, 2011

The U.S. Department of Justice today moved to block AT&T Corporation’s proposed acquisition of T-Mobile USA Inc.  According to the Justice Department, the proposed acquisition would combine two…

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Christopher Sagers (Cleveland-Marshall College of Law)
FTC v. Lundbeck: Why, God, Why?
August 23, 2011

What really has the world come to when a merger to monopoly followed by a 1300% price increase survives Section 7 challenge? That, sadly, seems to be the final result in Federal Trade Commission v.…

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