Articles Posted in Civil Non-Merger Highlights

On Monday, October 26, 2015, in a joint statement, the Federal Trade Commission and the U.S. Department of Justice urged the state of Virginia to reform or repeal its certificate-of-need (CON) law. CON laws typically require hospitals to obtain government approval before undergoing expansion projects or purchasing major assets, including hospital equipment.  Virginia is known…

On Monday, October 26, 2015, U.S. Senators Richard Blumenthal (D-Conn.), Mike Lee (R-Utah), Amy Klobuchar (D-Minn.) and Orrin G. Hatch (R-Utah) sent a letter to the Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, requesting that the FTC investigate possible illegal collusion by saline solution manufacturers. In their letter, the senators noted that there has been a…

On November 10, 2014, President Obama forcefully stated his position on net neutrality.  While acknowledging that the FCC is the agency that has the authority to create new rules protecting net neutrality, President Obama stated that the FCC should create “the strongest possible rules” to stop “paid prioritization” and other actions that favor the transmission…

On November 10, 2014, the American Antitrust Institute (“AAI”) announced that Diana Moss will succeed founder Albert Foer as President and CEO of the leading competition advocacy group, effective January 2015. “I speak for the entire AAI Board of Directors in enthusiastically welcoming Diana as our new President and CEO as of this coming January.…

On September 17, the Senate Judiciary Committee held a hearing — “Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open Internet Rules.”  The witnesses were: ·            Brad Burnham – Managing Partner, Union Square Ventures ·            Ruth Livier – Writer, Independent Producer, and Actress ·            Robert McDowell – Former Commissioner, Federal Communications Commission (FCC)…

On September 10, 2014, the House Judiciary Committee passed legislation to eliminate certain discrepancies between merger reviews conducted by the Federal Trade Commission and Department of Justice. The Standard Merger and Acquisition Reviews Through Equal Rules Act (SMARTER Act), H.R. 5402, introduced by Rep. Blake Farenthold (R-TX), would codify certain recommendations included in a 2007…

In a September 4, 2014 speech, Federal Communications Commission (“FCC”) Chairman Tom Wheeler expressed concerns about the lack of broadband competition in the United States. Chairman Wheeler explained that access to a 25 Mbps connection is becoming essential (or “table stakes”) to consumers with a majority of Americans having access to 100 Mbps or higher…

On September 3, 2014, the FCC announced it reached a settlement with Verizon for $7.4 million. The settlement ending an investigating into Verizon’s alleged misuse of customer information. The FCC’s Enforcement Bureau was investigating Verizon’s alleged failure to notify approximately two million new customers of their privacy rights.  Specifically, Verizon allegedly failed to provide to…

Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation On August 20, 2014, the Federal Trade Commission (“FTC”) announced that Berkshire Hathaway Inc. (“Berkshire”) agreed to pay a civil penalty of $896,000, the maximum civil penalty that could have been imposed, for its alleged violation of the premerger notification and filing requirements…

On July 14, 2014, New York State Attorney Eric Schneiderman announced that Casella Wastes (“Castella”), a waste management company based in Vermont but also serving New York, agreed to change its existing contracting practices in the face of antitrust scrutiny. Casella was found to have unlawfully restricted competition through its acquisition of smaller competitors and…