FTC Approves Modified Final Order Settling Charges that CoStar’s $860 Million Acquisition of LoopNet was Anticompetitive

Following a public comment period, the Federal Trade Commission has approved a modified final order settling charges that CoStar Group, Inc.’s $860 million acquisition of Loopnet would have been anticompetitive in the market for commercial real estate information services in the United States. The modified final order resolving the charges preserves competition that otherwise would […]

FTC Closes Its Investigation Into Facebook’s Proposed Acquisition of Instagram Photo Sharing Program

The Federal Trade Commission has closed its nonpublic investigation of Facebook’s proposed acquisition of Instagram, Inc., without taking any action. Accordingly, the deal may now proceed as proposed. The Commission vote to close the investigation was 5-0. The closing letters to the companies can be found on the FTC’s website and as a link to […]

Puerto Rican Pharmacy Cooperative Settles Price-Fixing Charges

A Puerto Rican cooperative of pharmacy owners, Cooperativa de Farmacias Puertorriquenas, known as “Coopharma,” has agreed to settle Federal Trade Commission charges that it harmed competition by negotiating, entering into, and implementing agreements among its member pharmacies to fix prices on which they contract with insurers and pharmacy benefit managers. According to the FTC, Coopharma’s […]

FTC Submits Brief for the Petitioner with U.S. Supreme Court in Phoebe Putney Hospital Merger Case

The Federal Trade Commission has submitted its Brief for the Petitioner with the U.S. Supreme Court in Phoebe Putney Health System, Inc., a case in which the FTC challenged the proposed merger of Phoebe Putney Health System and Palmyra Park Hospital in Albany, Georgia. The FTC filed a complaint in April 2011 to block the […]

FTC Approves Final Order Settling Charges that Koninklijke Ahold’s Proposed Acquisition of Genuardi’s Supermarkets was Anticompetitive

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Koninklijke Ahold N.V.’s proposed acquisition of Genuardi’s supermarkets would have been anticompetitive in the local grocery market in Newtown, Pennsylvania. The final order resolving the charges preserves competition in the local grocery market by requiring Ahold to sell […]

FTC and Department of Justice to Hold Workshop on “Most-Favored-Nation” Clauses

The Federal Trade Commission and the Department of Justice announced today that they will hold a joint public workshop on most-favored-nation clauses (MFNs) on Sept.10, 2012, to explore the use of MFN clauses and the implications for antitrust enforcement and policy.  The most commonly used MFN provisions guarantee a customer that it will receive prices […]

FTC Files Amicus Brief Explaining That “No-AG” Agreements Are Used by Drug Companies to Delay Generic Competition

The Federal Trade Commission filed an amicus brief before the U.S. District Court for the District of New Jersey explaining that an agreement by a branded company not to launch an authorized generic (AG) drug is a “convenient method” for branded drug firms to pay generic patent challengers to delay their entry into the market.  […]

FTC Order Will Restore Competition for Adult Cardiology Services in Reno, Nevada

Renown Health, the largest provider of acute care hospital services in northern Nevada, will release its staff cardiologists from “non-compete” contract clauses, allowing up to 10 of them to join competing cardiology practices. Renown Health has agreed to settle Federal Trade Commission charges that its recent acquisitions of two local cardiology groups reduced competition for […]

FTC Puts Conditions on Novartis AG’s Acquisition of Fougera Holdings, Inc.

The Federal Trade Commission will require drug supplier Novartis AG to give up its marketing rights to four topical skin care medications, under a proposed settlement resolving charges that Novartis’ acquisition of pharmaceutical firm Fougera Holdings, Inc. would harm competition in the market for these topical drugs. The settlement order requires Novartis to end a […]

FTC Testimony Expresses Concern that Owners of “Standard-Essential” Patents May Obtain Injunctions Enabling Them to Hold Up Other Firms

The Federal Trade Commission expressed concern to Congress about the prospect that companies that own “standard-essential” patents which are subject to commitments to license on reasonable and non-discriminatory terms may be able to “hold up” other firms by obtaining an injunction or exclusion order blocking those firms’ products from the U.S. market. In Commission testimony […]