Steven C. Sunshine

Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Lawyer (Partner)

Steven C. Sunshine is the North American group leader of Skadden, Arps’ Antitrust and Competition practice. He represents clients in connection with antitrust aspects of litigation, mergers and acquisitions, counseling and grand jury investigations. He regularly appears before courts in connection with antitrust civil matters and before the U.S. and European antitrust authorities. Mr. Sunshine has led antitrust representations in numerous M&A transactions including Southwest/AirTran, Gilead/Pharmasett, Cisco/Tandberg, Exelon/Constellation and NRG, Duke/Progress Energy, Valeant/Bioval, Dermik and Ortho, Jet Aviation/General Dynamics, StorageTek/Sun Microsystems, Watson/Arrow and Andrx, Rockwood/Elementis, Gambro/DaVita, De Beers/Louis Vuitton, Evian/Coke, Rhone Poulenc/Hoechst (Aventis), SmithKline/GlaxoWellcome, Bell Atlantic/Nynex and Fiat-New Holland/Case.

Distinctions

Linked authors

Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (New York)
Skadden, Arps, Slate, Meagher & Flom (Washington DC)
Skadden, Arps, Slate, Meagher & Flom (Palo Alto)
Kirkland & Ellis (New York)
Skadden, Arps, Slate, Meagher & Flom (New York)
The Brattle Group (New York)
Skadden, Arps, Slate, Meagher & Flom (New York)

Articles

4807 Bulletin

Clifford H. Aronson, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The U.S. District Court for the District of Columbia blocks two proposed mergers in the insurance sector brought and litigated under the Obama administration (Aetna / Humana and Anthem / Cigna)

87

In a continuation of recent Department of Justice (DOJ) successes challenging mergers, the U.S. District Court for the District of Columbia recently enjoined two more proposed mergers brought and litigated under the Obama administration. Aetna’s $37 billion proposed acquisition of Humana was (...)

Clifford H. Aronson, John H. Lyons, Kenneth B. Schwartz, Maria Raptis, Matthew P. Hendrickson, Steven C. Sunshine The U.S. District Court for the Northern District of Ohio denies the Federal Trade Commission’s bid to enjoin a company from acquiring its alleged potential competitor (Steris/Synergy)

115

On September 24, 2015, the U.S. District Court for the Northern District of Ohio denied the Federal Trade Commission’s (FTC) bid to enjoin Steris Corporation (Steris) from acquiring its alleged potential competitor, Synergy Health plc (Synergy). The loss breaks a string of victories in merger (...)

Andrew L. Foster, Ingrid Vandenborre, Steven C. Sunshine The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) releases a draft “Template for Intellectual Property Policies in Industry Standardization Organizations”

71

The Electronic Intellectual Property Center of China’s Ministry of Industry and Information Technology (MIIT) has released a draft “Template for Intellectual Property Policies in Industry Standardization Organizations” (the Draft Template), seeking public comments by January 30. The Draft Template (...)

Karen Hoffman Lent, Paul M. Eckles, Steven C. Sunshine The US FTC files a federal antitrust complaint for the Eastern District of Pennsylvania for entering into an agreement to maintain a monopoly over and restrain generic competition (AbbVie, Abbott, Besins Healthcare and Teva)

102

On September 8, 2014, the Federal Trade Commission (FTC) filed a federal antitrust complaint in the United States District Court for the Eastern District of Pennsylvania against defendants AbbVie, Abbott Laboratories, Unimed Pharmaceuticals, Besins Healthcare and Teva Pharmaceuticals alleging (...)

Clifford H. Aronson, Sharis A. Pozen, Steven C. Sunshine The US Court of Appeals for the Sixth Circuit confirms the decision of the FTC regarding a merger in the healthcare sector (ProMedica)

153

On April 22, 2014, the United States Court of Appeals for the Sixth Circuit handed the Federal Trade Commission (FTC or Commission) another significant victory in a hospital merger, ruling that the FTC’s decision and order requiring that ProMedica divest St. Luke’s, another Lucas County, (...)

Alec Y. Chang, Matthew P. Hendrickson, Sean M. Tepe, Sharis A. Pozen, Steven C. Sunshine The US Federal Trade Commission closes its investigation and approves the voluntary commitment of an Internet search engine (Google)

84

Thoughts On Google’s FTC Settlement On Jan. 3, 2013, the Federal Trade Commission ended its highly publicized and wide-ranging investigation into Google Inc.’s business practices with an enforcement action that has been described by some as a “slap on the wrist.” The enforcement action was limited (...)

John M. Nannes, Steven C. Sunshine, Tara L. Reinhart The US District Court for the Northern District of California imposes $500 M fine on a Taiwan-based liquid crystal display producer for price fixing (AU Optronics)

95

On September 20, Judge Susan Illston of the Northern District of California handed down sentences to AU Optronics Corporation and two company executives, following their convictions in March for participating in a global price-fixing conspiracy involving LCD screens used in computers and (...)

Alec Y. Chang, Ian G. John, Steven C. Sunshine The US FTC announces consent agreement to address its concerns that a proposed acquisition would reduce competition in the provision of acute inpatient psychiatric services in three local markets (Universal Health Services / Psychiatric Solutions)

195

On November 15, the Federal Trade Commission (FTC) announced a proposed consent agreement to address the agency’s allegations that the $3.1 billion acquisition of Psychiatric Solutions, Inc. by Universal Health Services, Inc. (UHS) would reduce competition in the provision of acute inpatient (...)

Gary A. MacDonald, Paul M. Eckles, Peter E. Greene, Steven C. Sunshine The US Supreme Court reverses class action certification raising hurdles for antitrust collective redress cases (Wal-Mart Stores/Dukes)

225

This article has been selected for the business category, general antitrust section of the 2012 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards. On June 20, 2011, in Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court handed down its decision (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine The US District Court for the Eastern District of Pennsylvania adopts "scope of patent" test for analyzing Hatch-Waxman patent settlements (Cephalon)

178

On March 29, 2010, Judge Mitchell S. Goldberg upheld antitrust lawsuits filed by the Federal Trade Commission (FTC) and private plaintiffs against drug maker Cephalon, Inc. (Cephalon), alleging that Cephalon conspired with four generic drug manufacturers to delay generic competition for the (...)

Gary A. MacDonald, James A. Keyte, Steven C. Sunshine A US District Court dismisses the FTC’s "pay-for-delay" antitrust lawsuit ruling that the contested settlements are not an unreasonable restraint of trade (Androgel Litigation)

241

On February 22, 2010, Judge Thomas W. Thrash, Jr. dismissed the Federal Trade Commission’s (FTC) antitrust lawsuit alleging that Solvay Pharmaceuticals (Solvay) conspired with generic drug makers Watson Pharmaceuticals (Watson) and Par Pharmaceuticals (Par) to delay generic competition for the (...)

Ian G. John, Neal R. Stoll, Steven C. Sunshine The US DoJ settles Hart-Scott-Rodino gun jumping charges stemming from buyer’s pre-approval of target’s purchasing contracts (Smithfield Foods / Premium Farms)

153

On January 21, 2010, after a three-year and four-month investigation, the Department of Justice (DOJ) announced a $900,000 settlement with meat processors Smithfield Foods Inc. and Premium Farms LLC to resolve DOJ allegations that Smithfield exercised operational control over Premium (...)

Gary A. MacDonald, James A. Keyte, Neal R. Stoll, Steven C. Sunshine The US FTC finalizes amendments to parts 3 and 4 of its rules of practice expediting administrative review of mergers

57

On April 27, 2009, the Federal Trade Commission adopted final rules amending Parts 3 and 4 of its Rules of Practice. The adoption of these rules is a culmination of efforts going back a couple of years to make changes that would expedite adjudications of allegedly anti-competitive merger (...)

David Kavanagh, James S. Venit, Shepard Goldfein, Steven C. Sunshine The English High Court denies representative action statute for antitrust price-fixing claims in the air freight services market (Emerald/British Airways)

209

On April 8, 2009, the English High Court of Justice, Chancery Division, granted British Airways’ request for an order striking two Plaintiffs’ representative claims. Though still subject to appeal, this decision potentially represents a significant obstacle to efforts underway to apply historical (...)

Benjamin C., Jr. Crisman, James A. Keyte, Steven C. Sunshine The US District Court for the District of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners)

171

On March 18, 2009, Judge Collyer of the United States District Court for the District of Columbia released the public version of a significant opinion supporting her order granting the FTC a preliminary injunction in connection with the proposed $1.4 billion merger of CCC Information Systems (...)

James A. Keyte, Steven C. Sunshine The US FTC seeks disgorgement remedy in challenge against pharma company for illegally acquiring drugs used to treat premature babies with life-threatening heart condition (Ovation)

114

Continuing a trend of increasing aggressiveness in antitrust enforcement, the Federal Trade Commission (FTC) is seeking disgorgement in a challenge to Ovation Pharmaceutical Inc.’s acquisition of the drug NeoProfen®, filed in the Minnesota District Court on Dec. 16, 2008. In the past, the FTC has (...)

Clifford H. Aronson, Matthew P. Hendrickson, Steven C. Sunshine A US Court of Appeals reverses ruling against preliminary injunction in the organic food sector lowering bar for the FTC to challenge a merger (Whole Foods / Wild Oats)

214

On July 29, 2008, the U.S. Court of Appeals for the D.C. Circuit reversed the denial of a preliminary injunction sought by the FTC against a merger of Whole Foods Market, Inc. and Wild Oats Markets, Inc., in a ruling that significantly lowers the bar for the FTC to obtain preliminary (...)

Clifford H. Aronson, Steven C. Sunshine The US FTC dismisses merger challenge after parties publicly announced to abandon the proposed acquisition in the healthcare industry (Inova / PWHS)

136

Inova Health System Foundation (Inova) and Prince William Health System, Inc. (PWHS) announced today that they will abandon their proposed merger. This announcement comes after the Federal Trade Commission sought to preliminarily enjoin the merger so that it could conduct a “Fast Track” (...)

Shepard Goldfein, Steven C. Sunshine A US Court of Appeals sets aside FTC’s order holding that the Agency failed to prove antitrust violation in the computer memory industry (Rambus)

208

On April 22, 2008, the U.S. Court of Appeals for the District of Columbia Circuit held in Rambus Inc. v. FTC, No. 07-1086, that the FTC failed to prove that Rambus Inc. violated antitrust law when it participated in a trade organization’s setting of industry technology standards without (...)

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