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Articles by David Reichenberg
Antitrust Risks When Hospitals Share Senior Leadership: A Rural Experience
Cecilie_Arcurs via Getty Images Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its only competing hospital while the CEO still remained employed by the competitor, without any effort to integrate the hospitals clinically or financially or any effort to implement effective screening measures to protect against the sharing of...
Global Competition Scrutiny Gains Traction With AI Leaders
Over the last several weeks, we’ve seen Microsoft and Apple drop their involvement in OpenAI’s Board, and subsequently, the leaders of the US, UK and EU competition authorities made clear that their scrutiny of AI will endure. Specifically, while those authorities see great economic potential in AI, they also see potential for consumer and business harm if AI does not experience vibrant competition.
EXPERT INSIGHTS-PREPARING FOR THE FUTURE OF HEALTH CARE ANTITRUST SCRUTINY
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Preparing For The Future Of Health Care Antitrust Scrutiny
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
Preparing for the Future of Health Care Antitrust Scrutiny | JD Supra
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting, and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST | JD Supra
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper planning for any competitive initiative, including day-to-day decisions, is essential to avoid potential antitrust risks.
NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division's Investigative Powers In Real Estate
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ's 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division's authority to reopen investigations.1 As a result, DOJ may continue to investigate broker compensation and listing practices in the real estate industry, and possibly bring additional enforcement actions that go further...
NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate | JD Supra
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division’s authority to reopen investigations.1 As a result, DOJ may continue to investigate broker compensation and listing practices in the real estate industry, and possibly bring additional enforcement actions that go further...
DOJ And EU Authorities Call Apple’s Security Defense Bogus Original
The Department of Justice’s antitrust suit against Apple for allegedly maintaining its monopoly over smartphones took direct aim at Apple’s anticipated defense. According to the DOJ, Apple’s restrictions on apps and non-Apple devices are not justified by security based concerns.
Biden’s FTC Seeks To Protect Union Workers Through M&A Challenge
When the government sues to stop a corporate acquisition, one common claim is that the newly combined entity would charge higher prices, limit quantities, reduce quality, or will face less competitive pressure to improve their offerings.
Complying With Enforcers' Ephemeral Messaging Guidance
ADVERTISEMENT Don't want ads? Subscribe or login now. By David Reichenberg, Randy Grossman and Matthew Bruno (March 4, 2024, 3:36 PM EST) -- On Jan. 26, the Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice jointly issued new guidance making clear that common collaboration tools and ephemeral messaging applications must be preserved in the same manner as traditional forms of communication and electronically stored information.[1]...
Further Guidance From FTC And DOJ
On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging applications must be preserved in the same manner as traditional forms of communication and electronically stored information (ESI).
Competition Scrutiny In Healthcare Continues But With A Shifting Approach
The Federal Trade Commission has sued to block several proposed healthcare transactions this year and has claimed victory after these challenges resulted in abandonment of those deals. While each case is unique and based on its specific market facts, the core contention in each case is that consumers/patients would bear higher healthcare costs unless the transaction is stopped.
Entrepreneurs Beware - Is Biden’s FTC Challenge Of The Meta-Within VR Deal About Competition Or Politics?
Meta (formerly Facebook) has been a frequent target of FTC antitrust investigations. It is currently litigating the FTC’s challenge to its now 10- and 8- year old acquisitions of Instagram and WhatsApp. A core issue in that case is whether Facebook competes with the likes of TikTok, Twitter, YouTube, LinkedIn and Spotify, for similar functionality on the Facebook platform.
Biden’s Federal Trade Commission Is Now At Full Strength - What That Means For Business Leaders
Breaking a partisan deadlock, there are now three FTC Commissioners appointed by Democrats, and two appointed by Republicans who are in charge of how the FTC spends its resources prosecuting the federal competition (or antitrust) laws. As one might imagine, while there are certain topics for which there may be bipartisan consensus (for example see the FTC’s latest suits challenging two hospital mergers), there are other topics for which a new regime can now take action.
What Does Musk's Offer For Twitter Say About Competition On Free Speech?
FILE - Elon Musk, Tesla CEO, attends the opening of the Tesla factory Berlin Brandenburg in ... [+] ASSOCIATED PRESS In Elon Musk's recent interview with TED's Chris Anderson, Musk described himself as a free speech "absolutist" in explaining his desire to buy Twitter.
DOJ Continues Crackdown On No-Poach-Agreements
United States: DOJ Continues Crackdown On No-Poach-Agreements 04 February 2022 by Nathan J. Larkin , Stephen Miller and David Reichenberg Cozen O'Connor To print this article, all you need is to be registered or login on Mondaq.com. The Department of Justice (DOJ) is continuing its crackdown on alleged "no poach" or "wage fixing" market collusion between competitors. Last week, DOJ announced charges against four individuals operating home health care agencies in Maine.
DOJ Continues Crackdown on No-Poach-Agreements | JD Supra
The Department of Justice (DOJ) is continuing its crackdown on alleged “no poach” or “wage fixing” market collusion between competitors. Last week, DOJ announced charges against four individuals operating home health care agencies in Maine. According to DOJ, the four defendants, whose companies are unnamed in the indictment, agreed to fix pay rates for certain types of employees and not to hire each other’s workers to avoid competition.
Life, Liberty, And The Pursuit Of Equity
To print this article, all you need is to be registered or login on Mondaq.com. If you look closely at a picture from the women's suffrage marches in the early 20th century or the civil rights demonstrations of the 1960s, you will notice a common theme: a sea of individuals from the specific disadvantaged group taking to the streets to fight for their own civil liberties, surrounded by very few, if any, male or white allies.
DOJ Antitrust Targets (Again) No-Poach Hiring Agreements
United States: DOJ Antitrust Targets (Again) No-Poach Hiring Agreements 15 December 2021 by Stephen A. Miller and David Reichenberg Cozen O'Connor To print this article, all you need is to be registered or login on Mondaq.com. Last week, the U.S. Department of Justice reiterated its strong message to the business community: Be very careful with no-poach hiring agreements.
DOJ Antitrust Targets (Again) No-Poach Hiring Agreements | JD Supra
Last week, the U.S. Department of Justice reiterated its strong message to the business community: Be very careful with no-poach hiring agreements. DOJ unsealed criminal charges on Thursday against a former director of global engineering services at Pratt & Whitney (Mahesh Patel). According to DOJ, Patel and executives of Pratt & Whitney’s suppliers allegedly agreed not to recruit each other’s engineers and skilled workers.
Place Your Bet: Who Will Win The Competition For Sports Betting Dollars
To print this article, all you need is to be registered or login on Mondaq.com. Disney/ESPN, Caesars, Fox, DraftKings, FanDuel, State Governments and their Lotteries are all getting into this space. Since a Supreme Court decision in 2018 (Murphy v. NCAA) striking down a federal ban on sports betting, half of US states have legalized sports wagers. No surprise that Nevada comes in as the leader in gambling revenue, followed by New Jersey, Pennsylvania and Illinois.
Apple Wins Round 1 Against Epic Games, Or Did It?
United States: Apple Wins Round 1 Against Epic Games, Or Did It? 27 October 2021 Cozen O'Connor To print this article, all you need is to be registered or login on Mondaq.com. David Reichenberg contributed an article to Forbes discussing the antitrust case between Epic Games and Apple. David explains how should Apple prevail, it will likely add pressure to change federal law to permit less corporate deference. If Epic prevails, it will have accomplished a shift in the existing trend.
Apple Wins Round 1 Against Epic Games, Or Did It?
Fortnite-Apple Logo Image SOPA Images/LightRocket via Getty Images Epic Games, maker of Fortnite, brought an antitrust case against Apple for charging a 30% commission on paid Apps downloaded through App Store, restricting consumers’ ability from being able to download Apps outside the App Store, and requiring App developers to use Apple’s payment processing system.
2nd Circuit Appeals Court Upholds Trademark Settlements As Valid Under Antitrust Law | JD Supra
The Second Circuit’s recent decision in 1-800 Contacts, Inc. v. FTC signals that trademark holders can aggressively enforce their rights and pursue settlements with competitors that are not “inherently suspect” under the antitrust laws. See — F.3d —, 2021 WL 2385274 (2d Cir. June 11, 2021).
The Apple/Epic Games App Store Saga: Who Do You Trust?
Tim Cook Court Testimony ASSOCIATED PRESS While Government antitrust cases against Google and Facebook remain pending, a trial was conducted in Epic Games’ lawsuit against Apple for removing the Fortnite App from its App Store. Judge Yvonne Gonzalez Rogers in California will decide in the coming months whether Apple’s App Store policies represent a competition problem.
Winning The Battle For Most Innovative: The Best Approach To Competitive Success
Hands Cutting Paper With Impossible Text getty Being named one of the most innovative companies in your space has a nice ring to it. It also carries financial benefits where a price premium can be earned based on that distinction. But what happens when a competitor contends that your success is artificial, because the innovation was borrowed, or even copied, from that competitor?
Public Policy May Void No-Poach, Noncompete Restrictions
Until a few years ago, employment restrictions such as noncompetes and no-hire clauses were regularly enforced (a notable exception being in California). That changed in 2016, when the Department of Justice Antitrust Division announced that “no poach/no-hire” agreements between companies would be considered for criminal prosecution. This January, for the first time, the DOJ criminally prosecuted a company for allegedly entering no-poach agreements with others in the health-care industry.
Winning The Talent War: A Can't-Lose Battle For Competitive Success
Business crowd getty The recruitment and retention of top talent is one of the only true sustainable competitive advantages in modern business. But what's the best way to build that advantage, and what happens if a company tries to cut corners to keep their best employees? In an effort to keep their talent, companies have cut corners by entering into “no poach” or “no solicitation” deals with their competitors, which means they agree not to hire or solicit each other's talent.
Friend Or Foe: The Must-Have Feature Of Winning Collaborations
Handshake at business meeting getty “Keep your friends close, and your enemies closer,” Michael Corleone once said. But what happens when the line between friend and enemy is blurred, especially as relationships and competitive strategies evolve over time?
From Success To Scrutiny: What Big Tech's Journey Can Teach Leaders Seeking An Edge
Did you know that if your company's business dealings do not consistently reflect your company's mission with consumers, that can lead to legal and regulatory scrutiny? The recent antitrust cases against Google, Facebook, Apple and Amazon suggest so.
Repeal of McCarran-Ferguson Act — Ramifications for Insurance Clients | JD Supra
Health insurance companies are now no longer immune from antitrust scrutiny for activities previously found to be “the business of insurance.” Last week, the Competitive Health Insurance Reform Act (CHIRA) was enacted, repealing health insurers’ federal antitrust immunity provided by the McCarran-Ferguson Act.
Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement | JD Supra
The Department of Justice (DOJ) is carrying out its promise to prosecute illegal “no-poach” agreements between companies. Until last week, DOJ had brought only civil enforcement actions against companies that have allegedly entered into agreements not to hire or solicit talent from one another. That changed last week with an indictment charging Surgical Care Affiliates LLC (SCA) of colluding with two companies not to solicit each other’s senior-level employees.
Updated Government Guidance on Vertical Mergers | JD Supra
For the first time since the 1980s, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC), collectively the agencies, issued new Vertical Merger Guidelines (Guidelines) setting forth how they intend to analyze mergers between companies at different levels in a distribution chain (referred to as “vertical mergers”).1 The Guidelines make clear the agencies’ position that vertical mergers may substantially lessen competition and be therefore prohibited depending on the...
COVID-19 and the Risk of Anti-Competitive Employment Practices
Employers, staffers, and recruiters should be cautious of antitrust enforcement during COVID-19. The FTC and DOJ recently announced a concerted effort to find those who might engage in collusion or other anticompetitive conduct. Experts from Cozen O’Connor discuss how to comply with the latest guidelines. COVID-19 has introduced unique circumstances, including around employment practices, that could raise issues under state or federal antitrust laws.
COVID-19 and Antitrust: Government Announcements and Recommendations
As health care and cleaning products fly off the shelves, the DOJ is taking action. Cozen O’Connor’s David Reichenberg discusses how its new directive is affecting everyday business and what organizations can do to maintain compliance. In the wake of this global pandemic, competition law and associated compliance are likely not the first topics that come to people’s minds.
COVID-19 and Antitrust? An Announcement from the Department of Justice | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes | Lexology
This episode outlines the key components of the U.S. Department of Labor's new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at your non-compete agreements. You can download this episode by clicking here.
DOJ Warns Academy that Excluding Streaming Platforms from Awards Eligibility May Violate Sherman Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Deterring Gaming of the Generic Drug Approval Process by the Use of Citizen Petitions | JD Supra
JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations. This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services").
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