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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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 (...)
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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 (...)
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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 the Hart-Scott-Rodino (“HSR”) Act on September 21, 2020. Although the Agencies’ proposals are (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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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 (...)
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The Federal Trade Commission (“FTC”) has announced new monetary thresholds for the Hart-Scott-Rodino (“HSR”) Act effective February 22, 2010. See 75 Fed. Reg. 3468 (Jan. 21, 2010). The new thresholds will be approximately 3% lower than those currently in effect. For example, the minimum (...)
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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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