USA Analysis

Amazon and Caremark could haunt CVS/Aetna

Amazon and Caremark could haunt CVS/Aetna

GCR USA - 06 December 2017

In the coming months, antitrust enforcers at the Department of Justice will decide whether and how CVS Health’s $69 billion acquisition of Aetna might harm consumers – a question shaded by a history of consolidation across the healthcare industry and the potential for new, powerful entrants to disrupt the industry.

Unidos Por Puerto Rico: Competitor collaborations in the wake of Hurricane Maria

Unidos Por Puerto Rico: Competitor collaborations in the wake of Hurricane Maria

GCR USA - 07 November 2017

Former Department of Justice Antitrust Division deputy Juan Arteaga describes how the US antitrust agencies will view the collaboration among competitors that they have acknowledged may be necessary to rebuild after a disaster, but also will scrutinise for antitrust violation.

All aboard the Antitrust Whistleblower Express

All aboard the Antitrust Whistleblower Express

GCR USA - 23 October 2017

After working together as prosecutors in the Department of Justice’s antitrust division, Robert Connolly and Kimberly Justice say, “It is time for a new cartel-busting tool – a whistleblower statute.”

Bass Pro/Cabela's: a case study of competitive retail mergers

Bass Pro/Cabela's: a case study of competitive retail mergers

GCR USA - 24 July 2017

On 3 July 2017, the Federal Trade Commission issued a no-action letter officially closing its investigation into the proposed merger of Bass Pro Group and Cabela's, two premier outdoor sporting goods retailers. O'Melveny & Myers's Ted Hassi and Lindsey Freeman were antitrust counsel to Bass Pro, and detail how the FTC's decision reflects a recent trend in antitrust enforcement agencies' approach to retail mergers.

The DOJ’s regrettable “no appeal” decision in Amex

The DOJ’s regrettable “no appeal” decision in Amex

GCR USA - 13 June 2017

Baker & Miller co-founder Donald I Baker, the last non-political appointee to lead the Department of Justice's antitrust division, deplores the agency's decision not to seek Supreme Court review of its loss against American Express at the US Court of Appeals for the Second Circuit.

Why Antitrust IV: The White Whale Syndrome

Why Antitrust IV: The White Whale Syndrome

GCR USA - 05 June 2017

In the fourth instalment of Mark Rosman’s reminiscences about working for the Department of Justice’s antitrust division, the Wilson Sonsini Goodrich & Rosati partner gives a peek into the Moby Dick mindset of a prosecutor.

Eight recommendations to improve the FTC’s competition mission

Eight recommendations to improve the FTC’s competition mission

GCR USA - 16 March 2017

A former adviser to Federal Trade Commission chairman Tim Muris, McDermott Will & Emery partner Bilal Sayyed calls on President Donald Trump to permanently appoint current acting FTC chairman Maureen Ohlhausen for a positive agenda consistent with his administration’s efforts to reform the regulatory state.

Trump’s antitrust effect on the courts

GCR USA - 02 March 2017

President Donald Trump’s greatest influence on private antitrust enforcement is likely to stem from the judicial appointments he makes over the course of his administration. Along with appointing a justice to the Supreme Court, Trump will immediately have the responsibility of filling over 100 vacant or soon-to-be vacant positions in the lower courts, which antitrust observers have said were becoming more plaintiff-friendly under the Obama administration.

Class certification conundrum in the pharma field

GCR USA - 02 March 2017

Agreements between branded and generic drug makers for the latter to stay off the market for a certain period have become the basis for hundreds of “pay for delay” antitrust cases in the US; one observer opines that there may be more pending now than ever before.

The great divide on market definition

GCR USA - 02 March 2017

In April 2010, four days before the Department of Justice (DOJ) and Federal Trade Commission (FTC) released their proposed update to the horizontal merger guidelines, Judge Maxine Chesney dismissed a private antitrust challenge to the merger of drugmakers Pfizer and Wyeth. She cited Supreme Court and other appellate rulings in explaining that the plaintiffs had failed to allege appropriately defined product markets.