Tag Archives: DOJ

When Will They Learn? Doctors Continue to Face Antitrust Charges for Jointly Negotiating Contracts without Clinical or Financial Integration

Legitimate joint marketing and selling arrangements have the potential to produce efficiencies.  This is particularly so, for example, where the arrangement enables the participants to make or market products that they could not do alone.  The Antitrust Guidelines for Collaborations among Competitors, Statements of Antitrust Enforcement Policy in Health Care, as well as scores of … Continue Reading

Burn Before Reading: Hot Documents and Antitrust Claims

Antitrust law and economics seem like dark arts to outsiders, an impression that antitrust lawyers are none too eager to dispel.  But everyone can appreciate a smoking gun document that seems to brand its author as a hardened violator of the antitrust laws.  Consider the memorandum written by a large waste-disposal company about a small … Continue Reading

I Don’t Care How Much I Pay (too Much, the Magic Bus)* – Part II

Apparently, Mary Hanson, Tracey Nobel, Stefanie Nocera and the class they hope to represent do! In a prior post, we noted that the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York … Continue Reading

Are the Regulators Coming after the Patent Trolls?

FTC and DOJ discuss antitrust implications of patent acquisition entities The Federal Trade Commission and the Department of Justice recently held a workshop to discuss the effects of patent assertion entities (PAEs) on innovation and competition.  A PAE, more commonly, and more colorfully, known as a patent troll, is an entity that buys patent rights … Continue Reading

I Don’t Care How Much I Pay (too Much, the Magic Bus)*

DOJ and New York sue to restore tour bus competition Last week, the U.S. Department of Justice and State of New York filed an antitrust complaint that seeks to unwind a joint venture formed in 2009 by two competing tour bus operators in New York City.  The tour bus operators supposedly accounted for about 99 … Continue Reading

Lonely Conspirators: Antitrust Liability When Nobody Joins Your Conspiracy

One is the loneliest number that you’ll ever do Two can be as bad as one It’s the loneliest number since the number one                    – Three Dog Night The worst antitrust offenses involve conspiracies involving multiple actors.  Hard-core offenses under Section 1 of the Sherman Act, such as price-fixing, market division, customer allocation, or … Continue Reading

No Poaching Here – “No-Hire/Non-Solicitation” Provisions in Transactional Agreements

So, what does last month’s antitrust lawsuits against eBay by the DOJ and the State of California mean for the continued use of merger and other types of agreements (like NDAs and confidentiality agreements) that often contain clauses restricting one party from soliciting or hiring the other’s employees?  Probably not much.… Continue Reading
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