On March 18, 2021, the House Judiciary Committee’s Antitrust subcommittee had a hearing labeled “Reviving Competition, Part 3: Strengthening the Laws to Address Monopoly Power”. The hearing began with opening remarks from Representative David Cicilline (D-RI), who spoke about the limitations in current antitrust laws on the topic of market dominance, and remarks from Representative…
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Georgetown Law tech law and policy experts converged together on Friday, January 29, 2021, to discuss wide-ranged topics relating to technology, speech, and regulations in a democratic society. David Vladeck, Erin Carroll, Hillary Brill, and Anupam Chander were the representative speakers on this discussion streamed live over Facebook. The discussion began with revisiting the tragic…
Continue reading ›On June 26, 2020, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allowed Eldorado Resorts, Inc. (“Eldorado”) to acquire Caesars Entertainment Corporation (“Caesars”) for $17.3 billion. Background Eldorado agreed to acquire Caesars for $17.3 billion on June 24, 2019. Eldorado is a provider of casino entertainment and hospitality services, operating 23 casino…
Continue reading ›On May 5, 2020, the FTC approved AbbVie Inc.’s (“AbbVie”) $63 billion acquisition of Allergan plc (“Allergan”) on the condition that the merging parties divest three minor products. The consent agreement was approved by a 3-2 party line vote. The FTC has a long history of scrutinizing transactions in the pharmaceutical industry, but Commissioners’ statements demonstrate that they are not on…
Continue reading ›On February 18, 2020, a group of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) raising concerns that the divestiture of Allergan plc’s (“Allergan”) pipeline drug, brazikumab, will not succeed unless the FTC addresses AbbVie’s use of rebate walls. Consumer Group Concerns Regarding Rebate Walls and…
Continue reading ›The federal antitrust agencies continue their emphasis on investigating, challenging, and unwinding consummated transactions that are not reportable under the Hart Scott Rodino (“HSR”) Act. Most recently, on November 6, 2019, the Federal Trade Commission (“FTC”) issued an Opinion and Final Order in which the Commission upheld the Administrative Law Judge’s (“ALJ”) decision that Otto…
Continue reading ›On September 12, 2019, a coalition of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) opposing AbbVie Inc.’s (“AbbVie”) acquisition of Allergan plc (“Allergan”). Coalition Opposing the Merger The coalition includes Families USA, Public Citizen, U.S. PIRG Education Fund, Service Employees International Union, American Federation of…
Continue reading ›On August 20, 2019, it was reported that the states are set to join forces to investigate Big Tech. On the same day, Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice (“DOJ”) said the DOJ is working with a group of more than a dozen state attorneys general…
Continue reading ›On August 2, 2019, the FTC authorized an enforcement action to challenge Evonik Industries AG’s (“Evonik”) proposed $625 million acquisition of PeroxyChem Holding Company (“PeroxyChem”). Complaint The FTC is alleging the merger of the chemical companies would substantially reduce competition in the Pacific Northwest and the Southern and Central United States for the production and…
Continue reading ›On January 11, 2019, Congressman Peter Welch and Francis Rooney, members of Congress, wrote a letter to the Federal Trade Commission (“FTC”), urging the Commission to investigate Bristol-Myers Squibb’s (“BMS”) acquisition of Celgene. The letter asks the FTC to examine how the transaction may harm competition with respect to horizontal overlaps and even complementary drugs. …
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