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| Mergers & Acquisitions |
Gun-Jumpers Beware - 04/28/06
Business & Finance and Antitrust & Trade Regulation
April 28, 2006
Robert J. Lystad
Louis C. Spelios
G. Patrick Watson
In a recent enforcement action regarding the pre-closing activities of parties to a merger agreement, the Department of Justice (the "DOJ") confirmed that it will continue to vigorously pursue and prosecute "gun-jumpers" in acquisitions subject to the Hart Scott Rodino Antitrust Improvements Act of 1976, as amended (the "HSR Act").
A "gun-jumping" violation of the HSR Act occurs when a buyer attempts to exercise "beneficial ownership" over a seller's business prior to expiration of this waiting period.
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Settlement Agreements May Give Rise To Antitrust Liability - 01/26/05
Antitrust and Trade Regulations
January 27, 2005
In our December Client Alert we discuss the recent ruling of a federal court that a settlement agreement seeking to free two parties from litigation violated the Antitrust laws, entrapping them in even more costly litigation. On January 5, 2005, the United States District Court for the Southern District of Florida in In re: Terazosin Hydrochloride Antitrust Litigation ruled that a settlement agreement between Abbott Laboratories ("Abbott") and Geneva Pharmaceuticals ("Geneva"), which partially resolved a patent dispute, constituted market allocation and was a per se violation of the Sherman Act.
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Antitrust News Bulletin - 07/04
Antitrust and Trade Regulations
* New Legislation Increases Penalties For Antitrust Violations,
* Supreme Court Denies Certiorari In Lepage's, Inc. v. 3M
* U.S. Supreme Court Resolves Circuit Split Over Foreign Reach of American Antitrust Laws
* Federal Courts of Appeals Explore The Bounds of Section 2(c) of the Robinson-Patman Act
* Tenth Circuit Upholds Summary Disposition of Oklahoma Retaliatory Refusal to Deal and Opines On The Definition of A Cluster Market
* Proposed Amendments to the HSR Act
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