Recent Developments in Antitrust

FTC to Revise Investigatory Rules, Attorney Disciplinary Rules

January 23, 2012 at 10:19 am

On January 13, 2012, the FTC issued proposed amendments to Parts 2 and 4 of its Rules of Practice (“Rules”). Written comments must be received by March 23, 2012. The FTC first raised the need to reform Part 2 citing a substantial risk of delay and mistakes in the FTC’s […]

Commission Declines to Seek Certiorari to Review Eighth Circuit’s Decision in FTC v. Lundbeck, Inc.

January 20, 2012 at 3:28 pm

On January 20, 2012, the Federal Trade Commission (“Commission”) issued a statement by Chairman Leibowitz, Commissioner Ramirez, and Commissioner Brill stating the Commission’s intention not to seek review by the U.S. Supreme Court of the Eighth Circuit Court of Appeal’s decision in FTC v. Lundbeck, Inc. This statement was accompanied […]

Promedica Health System Ordered to Divest St. Luke's Hospital

January 6, 2012 at 12:33 pm

In an initial decision issued on January 5, 2012, FTC Chief Administrative Law Judge D. Michael Chappell ordered ProMedica Health System Inc to divest recently-acquired St. Luke's Hospital to an FTC-approved buyer within 180 days after the order becomes final. See In May 2010, in a non-HSR reportable transaction, […]

D.C. Circuit Gives FTC Broad Discovery Rights

January 3, 2012 at 8:44 am

In June 2009, the Federal Trade Commission (“FTC” or “the Commission”) authorized the staff to conduct an investigation to determine whether Church & Dwight was using exclusionary practices such as conditioning discounts or rebates to retailers on the percentage of shelf or display space dedicated to Trojan brand condoms and […]