Covington & Burling (Washington)

James R. Dean

Covington & Burling (Washington)
Lawyer (Partner)

James Dean practices in the antitrust and energy regulatory areas and serves as vice-chair of the Antitrust Practice Group. As part of his antitrust practice, Mr. Dean advises clients on all aspects of antitrust law, including mergers, joint ventures, distribution agreements, and trade association activities. He has represented numerous clients in responding to government investigations and as both plaintiffs and defendants in private antitrust litigation. Mr. Dean also regularly handles issues related to pre-merger notification filings under the Hart-Scott-Rodino Act and foreign merger control regimes.

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Articles

942 Bulletin

James R. Dean, Ross A. Demain, Jim O’Connell, Stacy R. Kobrick The US FTC announces new higher HSR filing and interlocking directorate thresholds with higher civil penalties

245

Yesterday, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on February 23, 2022. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these (...)

Jim O’Connell, James R. Dean, Ross A. Demain, Kristin Shaffer The US FTC and DoJ announce the suspension of the discretionary practice of granting early termination of the waiting period to filings made under the Hart-Scott-Rodino Act

24

The Federal Trade Commission (“FTC”) announced on February 4, 2021, that it is temporarily suspending the discretionary practice of granting “early termination” of the Hart-Scott-Rodino (“HSR”) Act waiting period, with support from the Antitrust Division of the U.S. Department of Justice (“DOJ”). The (...)

James R. Dean, Ross A. Demain, James J. O’Connell, Kristin Shaffer The US FTC publishes revised thresholds for the Hart-Scott-Rodino as well as for the Section 8 of the Clayton Act

322

Today, the Federal Trade Commission (“FTC”) published revised thresholds for the Hart-Scott-Rodino (“HSR”) Act, which will take effect on March 4, 2021. Earlier, the FTC also announced new thresholds for Section 8 of the Clayton Act, which governs interlocking directorates. Each of these thresholds (...)

James R. Dean, Ross A. Demain, James J. O’Connell, Kristin Shaffer The US DoJ and FTC propose to renew their HSR rules to create new exemption for minority acquisitions and increase filing obligations for certain entities

45

Agencies Also Seek Public Comments that Could Lead to Additional Changes to the HSR Rules The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (the “Agencies”) announced proposed changes to the premerger notification rules (“Rules”) promulgated under (...)

Thomas O. Barnett, Deborah A. Garza, John D. Graubert, James R. Dean, James J. O’Connell, Ross A. Demain The US DoJ imposes a $11 million fine for merger notification violation on an investment company (ValueAct)

24

Yesterday, the Antitrust Division of the Department of Justice (“DOJ”) announced that it has settled its lawsuit against ValueAct Capital Management L.P. (“ValueAct”) for violating the Hart- Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The settlement is noteworthy for two (...)

James R. Dean, James J. O’Connell, Ross A. Demain The US FTC revises the threshold for determining if a transaction needs to be notified to federal antitrust authorities under the HSR Act

15

The Federal Trade Commission (“FTC”) has announced its annual revisions to the monetary thresholds that determine whether a transaction must be notified to the FTC and the Antitrust Division of the Department of Justice (“DOJ”) under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”). The (...)

John D. Graubert, James R. Dean, Paige M. Jennings The US FTC challenges a merger in the hospital sector between a physician practice group and a hospital (Saint Alphonsus Medical Center-Nampa / St. Luke’s Health System)

27

In late January, the U.S. Federal Trade Commission (FTC) prevailed in a challenge to a hospital merger involving an issue of great significance to the current health care marketplace: the acquisition of physician practice groups. In Saint Alphonsus Medical Center-Nampa v. St. Luke’s Health (...)

David W. Addis, James R. Dean, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC adopts new rules clarifying HSR filing requirements for transfers of pharmaceutical patent rights

39

On November 6, the Federal Trade Commission (“FTC”) amended the implementation rules of the Hart Scott Rodino Antitrust Improvements Act (the “HSR Act”) to specify when parties to pharmaceutical patent license agreements must observe the HSR Act’s notification and pre-closing waiting period (...)

Thomas O. Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, James J. O’Connell, Anita F. Stork, David W. Addis The US DoJ and FTC announce changes to the HSR Act merger notification process and transaction report form submitted by companies

30

On July 7, 2011, the Federal Trade Commission and the Department of Justice (“the Agencies”) announced significant changes to the form and accompanying materials that companies must submit when reporting transactions under the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”). Although the (...)

Thomas O. Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US FTC and DoJ issue revised horizontal merger guidelines

26

Last week, the U.S. Justice Department (“DOJ”) and Federal Trade Commission (“FTC”) (together, the “Agencies”) issued revised Horizontal Merger Guidelines (the “Guidelines”) describing how the Agencies seek to determine whether a merger of competing companies will substantially lessen competition. The (...)

Thomas O. Barnett, James R. Dean, Deborah A. Garza, John D. Graubert, Timothy C. Hester, James J. O’Connell The US District Court for the Eastern District of Pennsylvania holds that reverse payments cases will proceed to discovery in a patent litigation in the pharmaceutical sector (Cephalon)

40

In the latest development in the Federal Trade Commission’s efforts to challenge Hatch-Waxman patent litigation settlements, earlier this week a federal district court in Pennsylvania denied in part defendants’ motions to dismiss antitrust complaints challenging a series of such settlements. The (...)

Michael Labson, Geoffrey Hobart, Eric Holder, Mark Lynch, Richard Kingham, Peter Safir, Theodore Voorhees Jr, James R. Dean, David W. Addis, Ethan M. Posner The US FTC announces its intention to conduct an extensive study of the economic effects of authorized generic pharmaceuticals

33

On April 4, 2006, the FTC published notice of its intention to conduct an extensive study of the economic effects of authorized generic pharmaceuticals. See 71 Fed. Reg. 16,779 (April 4, 2006). The initial stage of the study would involve detailed information requests, akin to subpoenas, to as (...)

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