Despite a recent decision by the Second Circuit suggesting that anti-steering contractual provisions in other industries may not be anticompetitive, DOJ’s lawsuit (United States v. Carolinas HealthCare System) against Carolinas HealthCare System’s (CHS’s) contracting practices continues forward after surviving a motion for judgment on the pleadings.
On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.
NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.
The U.S. Department of Justice announced on January 4 that Kent State University (KSU) has agreed to pay $145,000 to settle a lawsuit alleging that KSU had a policy that prevented students with psychological disabilities from keeping emotional support animals in university-operated student housing. This settlement follows a decision by the United States District Court
The U.S. Department of Justice and U.S. Environmental Protection Agency are redoubling their efforts to target the upstream oil and gas industry.
The Federal Trade Commission’s Bureau of Competition (FTC or Bureau) recently released a revised set of best practices for merger investigations. Despite the many similarities with previous guidance from the FTC and the Department of Justice (DOJ), these new best practices reemphasize several strategic and effective ways for parties to avoid a request for additional
The Department of Justice and qui tam relators were dealt another blow regarding how damages are calculated in False Claims Act (FCA) cases. In an FCA case involving allegations of defective pricing, the U.S. Court of Appeals for the Sixth Circuit in United States v. United Technologies Corporation overturned the lower court’s award of $657
Citing a recent spike in litigation over fair, reasonable, and non-discriminatory patent royalties as evidence that the current system is “not working very well,” a senior U.S. Department of Justice (DOJ) official on Tuesday said that there need to be clearer rules for setting FRAND rates. According to Renata Hesse, the Deputy Assistant Attorney General for Criminal
Last week, the U.S. Department of Justice’s Antitrust Division announced that criminal penalties from cartel prosecutions in fiscal year 2014 (ending September 30) reached $1.861 billion. This was, by far, the largest ever annual total for the Division. In addition, the Antitrust Division obtained jail terms for 21 individual defendants, with an average sentence of 26 months,
The antitrust agencies remain vigilant in prohibiting “gun jumping” — the unlawful coordination of parties to a transaction during the pre-HSR clearance and pre-closing time periods.
On May 16, 2014 the U.S. Court of Appeals for the Eleventh Circuit issued an opinion in United States v. Joel Esquenazi, et al, affirming the government’s broad interpretation of what constitutes a “government instrumentality” under the Foreign Corrupt Practices Act (FCPA). For several years, the Department of Justice (DOJ) and the Securities and Exchange
The DOJ and FTC have announced a joint one-day workshop on June 23, 2014, in Washington, DC, and are requesting comments by August 22, 2014, on the topic of competition issues relating to conditional pricing practices among firms in a supply chain. Conditional pricing practices include loyalty or bundled pricing and other arrangements where “prices
On April 10, 2014, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) issued a joint policy statement on the antitrust implications of sharing cybersecurity information to help facilitate the flow of cyberintelligence throughout the private sector. The statement addresses the long-standing concern that sharing cyberintelligence may violate antitrust law under certain circumstances and
One year since the filing of the lawsuit, and 18 months since the merger closed, a U.S. federal judge declared on 8 January 2014 that Bazaarvoice violated Section 7 of the Clayton Act by acquiring its main rival, PowerReviews. The U.S. Department of Justice (DOJ) challenged the US$168 million deal even though PowerReviews was too
On 21 November 2013, the European Commission signed a Memorandum of Understanding (“MoU“) with the Competition Commission of India. A copy has just been published on the European Commission’s website. The aim of the MoU is to further strengthen cooperation between the two parties in the area of antitrust enforcement.
On 25 September 2013, the Federal Trade Commission (FTC) and Department of Justice’s Antitrust Division (DOJ) issued an updated joint model waiver of confidentiality for use by parties in cross-border merger and civil non-merger investigations. The model waiver outlines the terms under which a party subject to a multi-jurisdictional investigation may waive its confidentiality protections in
In anticipation of the shutdown by the U.S. federal government, which began early this morning, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) released contingency plans that detail the impact on all aspects of the agencies’ operations, including their review of mergers and acquisitions. The Bureau of Competition at the FTC will
For the second time in as many weeks, the Federal Trade Commission (FTC) announced the filing of a civil complaint for violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 as amended (the “HSR Act”). On 2 July 2013, the Department of Justice (DOJ) filed a complaint on behalf of the FTC in federal district court alleging that Barry Diller acquired shares of Coca Cola without proper notification under the HSR Act.
Topics discussed at the recent Food & Drug Law Institute’s (FDLI) Enforcement, Litigation and Compliance Conference included FDA Center leaders’ enforcement priorities, interagency enforcement actions, the implications of increasing globalization, and the diversion of controlled substances. Among the highlights: Joseph Rannazzisi, Deputy Assistant Administrator in DEA’s Office of Diversion Control, said due diligence is the
Recently, industry leaders, members of the FDA bar, and government officials convened at the Food & Drug Law Institute’s (FDLI’s) Advertising & Promotion Conference and the Pharmaceutical & Regulatory Compliance Congress. Topics included policy updates and enforcement priorities from FDA’s centers, Office of Inspector General (OIG) and Department of Justice (DOJ) current and future enforcement