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| Antitrust & Trade Regulation |
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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Latest Development: Spitzer's Press Release
September 16, 2005
Here is link to Spitzer's press release on the suit. http://www.oag.state.ny.us/press/2005/sep/sep15b_05.html
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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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Court's Recent Oracle/ Peoplesoft Merger Ruling Supports Trend Toward Less Judicial Deference - 09/27/04
Antitrust and Trade Regulations
Andrew Pickens Miller
G. Patrick Watson
In this issue of the Powell Goldstein Antitrust & Trade Regulation News we discuss:
Court's' Recent Oracle/ PeopleSoft Merger Ruling Supports Trend Toward Less Judicial Deference
FTC and DOJ Issue Report on HealthCare Competition Policy
DOJ and FTC Issue annual report to Congress on the Hart-Scott-Rodino Antitrust Improvements Act
Parcel Tanker Shipping Bid Rigging Conspiracy
Court Certifies Class Against 3M
Does Robinson-Patman Apply in Competitive Bidding Settings?
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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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Antitrust News Bulletin - 05/04
Antitrust and Trade Regulations
In this issue:
The Difference Between U.S. and European Union Antitrust Enforcement With Respect to Intellectual Property
Canada Makes Signifigant Changes to Its Merger Guidelines for Greater Harmony with U.S. Rules
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