Articles Posted in FTC Antitrust Highlights

On September 25, 2012, the Federal Trade Commission (“FTC”) announced that Biglari Holdings, Inc., which owns Steak 'n Shake and Western Sizzlin restaurant chains, agreed to pay $850,000 in civil penalties to resolve allegations that it failed to make a premerger notification filing in connection with its acquisition of 8.7% of the outstanding voting securities…

At Georgetown Law’s 6th Annual Global Antitrust Enforcement Symposium on September 19, 2012, FTC Chairman Jon Leibowitz raised critical concerns about the recent anti-competitive practices of firms regarding the use of technology and IP patents. In particular, he denounced the growing use of International Trade Commission (“ITC”) exclusion orders as a threat by patent holders…

On August 22, 2012, the FTC commissioners voted 5-0 to close its investigation of Facebook's acquisition of Instagram without any action. Background In April of 2012, Facebook, an internet social media platform, announced it would acquire Instagram, the developer of a photo-sharing application and a company with no revenues. The FTC issued a second request…

On August 6, 2012, the FTC settled a case against Renown Health, the largest provider of acute medical care in northern Nevada, related to allegations that Renown Health reduced competition in the adult cardiology market in Reno, Nevada through two allegedly anticompetitive acquisitions and the use of anticompetitive non-compete clauses. Competitive Problem Through Renown Health's…

On July 31, 2012, the Federal Trade Commission (Commission) issued a statement withdrawing the Commission's nine-year-old Policy Statement on Monetary Equitable Remedies in Competition Cases (Policy Statement). The statement's withdrawal was approved on a 4-1 split vote, with Commissioner Maureen K. Ohlhausen casting the lone no vote and issuing a dissenting opinion. The 2003 Policy…

On July 16th, the Third Circuit Court of Appeals ruled that pharmaceutical “pay-for-delay” settlements whereby cash is paid from a patent holding company to a generic manufacturer that agrees not to enter a market as prima facie evidence of an antitrust violation. The Third Circuit rejects the more lenient standard adopted by the other Circuit…

On April 2, 2012, the Federal Trade Commission (“FTC”) closed its investigation of Express Scripts, Inc.'s (“Express Scripts”) proposed acquisition of pharmacy benefits manager (“PBM”), Medco Health Solutions, Inc. (“Medco”) Express Scripts consummated its acquisition of Medco on the same day. Background On July 20, 2011, Express Scripts entered into an agreement to acquire Medco…

On January 13, 2012, the FTC issued proposed amendments to Parts 2 and 4 of its Rules of Practice (“Rules”). Written comments must be received by March 23, 2012. The FTC first raised the need to reform Part 2 citing a substantial risk of delay and mistakes in the FTC’s discovery process based on the…