Media Mentions
2010
Joel Grosberg addressed for The National Law Journal (January 18) the supposed expansion of federal antitrust regulation efforts. Of the two major antitrust agencies, Mr. Grosberg noted that the Federal Trade Commission “has been viewed as aggressive for the last couple of years. I don’t think we’ll see much change there.” He added, however, that “the Department of Justice during the Bush Administration was generally viewed as much less aggressive. Now, with Christine Varney heading the Antitrust Division, the expectation is that will change.”
Joel R. Grosberg, Antitrust & Competition
Benoît Keane and Francesco Savino were authors of a 2010 Entertainment Law Review article that discussed a report by an Independent Advisory Panel to the UK Secretary of State for Culture Media concerning which sporting events should be listed for showing on free-to-air television. Mr. Keane and Mr. Savino wrote that the review panel adopted an antiquated approach and "missed an opportunity to take account of modern market conditions by making a distinction between the elements which are important to UK society and those which are not." Their article was subsequently cited in a House of Commons Report on this issue, which quotes the examples of sporting events given in the article, and notes the authors' comment on the "damaging impact listing has for competition and the value of such events for funding sport."
Benoît Keane, Francesco Savino, Antitrust & Competition, Brussels, International Antitrust & Competition, London
2009
David Hanselman was quoted in an October 5 Modern Healthcare story about a federal judge’s denial of class action status for a lawsuit by 19,000 Chicago area nurses who alleged that hospitals conspired to depress their wages. The judge held that granting class status based on an “average loss” theory would obscure the wide differences in pay and circumstances among individuals, leading Mr. Hanselman (who represented one of the hospital defendants) to comment: “District judges can no longer rubber-stamp the opinions of plaintiff’s experts at the class certification stage.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was quoted by Global Competition Review on October 2 concerning U.S. District Court Judge John Grady’s refusal to grant certification to a lawsuit by Chicago area nurses alleging that several hospitals conspired to suppress their pay. Mr. Hanselman identified the Judge’s rejection of averages to determine class-wide antitrust impact as the key to the decision. “In this case the [plaintiffs’] expert had used an econometric model that had used a single average percentage of wage suppression,” Mr. Hanselman stated. “The judge was highly critical of the use of averages because it does not show whether each class member had suffered an antitrust injury.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
The National Law Journal quoted David Hanselman (October 1) concerning a Chicago federal court decision that denied class certification to a group of nurses who had alleged that hospitals had conspired to depress their wages. The Illinois plaintiffs sought over $1 billion in lost wage claims, but U.S. District Court Judge John Grady held that they did not demonstrate that common questions of law or fact predominated. Mr. Hanselman, who represented one of the hospitals, called the decision "a significant victory for the defendants because often in class actions the denial of class certification sounds the death knell of the litigation." He also represents defendants in several similar cases being heard in other federal courts, "We are hopeful that Judge Grady's well-reasoned opinion has persuasive impact on those courts." Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman was noted by West’s Andrews Litigation Reporter – Antitrust in October 2009 as counsel for one of several Chicago area hospitals in a federal antitrust case where the court denied class certification to a group of nurses that alleged a conspiracy by the hospitals to keep wages low. Mr. Hanselman said the ruling may provide guidance in nurse wage-fixing class actions pending in federal courts in New York, Michigan, Tennessee and Texas, adding that the ruling shows that courts beyond the Third Circuit are looking to the “rigorous analysis” standard of In re Hydrogen Peroxide Antitrust Litigation when making class certification rulings.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health Care Litigation, Trial
David Hanselman, Jr., spoke to Law360 on September 29 about a federal judge’s denial of class certification to a group of nurses who alleged that four Chicago area hospital systems violated antitrust law by colluding to suppress the nurses’ wages. The judge ruled that the plaintiffs did not have a viable method of showing classwide injury, which Mr. Hanselman, who represented one of the hospital systems, said “constitutes the death knell” for the litigation. “I can’t say that this effectively ends the case because plaintiffs’ lawyers can be creative,” he noted, “but it certainly is a significant blow to the plaintiffs’ case, and we’ll be anxious to see what they do from here.” Click here to read the full article.
David L. Hanselman Jr., Antitrust & Competition, Class Action, Health, Health Care Litigation, Trial
Joel Grosberg was quoted by the Financial Times on August 29 concerning Apple Computer’s online App Store to sell approved programs for its iPhone. Mr. Grosberg, a former Federal Trade Commission lawyer, stated that it would be difficult to make a case in U.S. courts that the App Store gives Apple a monopoly because the company has a small share of the market for Internet-capable phones. “You would have to establish that the iPhone is some sort of essential utility,” he noted, “but the Supreme Court has cut down on that theory.”
Joel R. Grosberg, Antitrust & Competition, Intellectual Property
Raymond Jacobson was interviewed by Law360 on May 26 concerning his antitrust practice and the direction he sees for antitrust law. "What's exciting about antitrust law is that it is a blend of economic principles, industry developments and politics," he explained. "To be successful you need to understand all three disciplines and be able to convince the regulators and the courts that there are many factors, outside your client's control, that will prevent your client's conduct from being anti-competitive." Mr. Jacobson said he believes the next wave in antitrust enforcement will involve "more cases relating to 'reverse payments' in the drug industry; standard setting; bundling and price signaling. Those all remain 'gray areas.'" To view the entire Q&A click here.
Raymond A. Jacobsen Jr., Antitrust & Competition
David Marx, Jr., was quoted April 13 on AmericanLawyer.com concerning antitrust litigation against four major candy manufacturers. Referring to price-fixing allegations against the companies, Mr. Marx declared, "You can't just infer the existence of a price-fixing conspiracy from the fact that independent competitors in concentrated industries independently chose to raise their prices."
David Marx Jr., Antitrust & Competition, Trial
2008
David Marx was quoted in the December 30 issue of Global Competition Review in an article regarding Inverness Medical Innovations' settlement with the Federal Trade Commission (FTC) on charges that the company illegally sought to maintain its monopoly on pregnancy tests by acquiring assets from competitor ACON Laboratories. Inverness must sell the assets, including an intellectual property license for dye technology. "With this decision, the FTC shows it remains committed to enforcing antitrust laws in the health-care sector," said Mr. Marx. "The FTC has ensured that the market has returned to an even more competitive state than it was before Inverness acquired ACON's assets," he added.
David Marx Jr., Antitrust & Competition, Antitrust - IP, Health, Health - Antitrust, Intellectual Property
Jon Dubrow was quoted in the December 15 issue of the Legal Times in an article regarding Whole Foods' attack against the Federal Trade Commission (FTC) in a high-profile antitrust case. Whole Foods claims that it has spent more than $16 million in lawyer and expert fees to defend its merger with Wild Oats and accuses the FTC of bias and due process violations in the case. The company is seeking to challenge the FTC in the courts, the media and on Capitol Hill. "They really want to change the structure of how the FTC operates, and that seems like a long shot," although the case "raises interesting substantive and procedural issues that could impact the merger practice generally," said Mr. Dubrow.
Jon B. Dubrow, Antitrust & Competition
Joel R. Grosberg was quoted on November 13 by Law360 in an article regarding how Obama's administration will affect the Department of Justice's (DOJ) stance on antitrust issues. "The head of the antitrust division makes the policy and either supports or doesn't support the staff and influences how aggressively staff will enforce the antitrust laws," said Mr. Grosberg. Mr. Grosberg added that it may be tougher to get problematic deals through the DOJ, and the antitrust division may take a closer look at transactions. "We may see more second requests in general. The staff may have more support from senior officials to issue second requests, even in transactions where, at the end of the day, it's unclear whether enforcement actions will be required," he said.
Joel R. Grosberg, Antitrust & Competition
Joseph F. Winterscheid was quoted in the September 9 issue of Global Competition Review in an article regarding the U.S. Federal Trade Commission's criticism of a U.S. Department of Justice (DOJ) report on the health and status of single-firm conduct in the United States. The FTC refused to put its name on the DOJ report's conclusions, claiming that the report calls for weakened enforcement of section 2 of the Sherman Act and protects firms with monopoly or near-monopoly power. "The DOJ was trying to establish baselines to make decisions on what the tests should be, so as to prevent over-deterrence and provide some measure of legal certainty to dominant firms and their legal advisors. The FTC's rather ad hominem response, in which some commissioners effectively accused the DOJ of kowtowing to big business, was frankly unfair," said Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition
Joseph F. Winterscheid was quoted on May 28 in Competition Law360 regarding China’s new anti-monopoly law, questioning how China’s hybrid economy will affect the new antitrust law. "Applying free market competition, capital market type rules, and overlaying that on the Chinese economy gives rise to heightened uncertainty. It’s going to be very important to see how much independence the Chinese competition authority has," he said. The transition period will require companies to ramp up their attention to local issues and to build relationships with local experts. "You have to take into account local nuance. You have to have your eye on the global view, but in execution, in tactics, you need to be sensitive to the local. It's going to be critically important for firms to be guided by local experts that are up to the minute on enforcement developments and local customs," he said.
Joseph F. Winterscheid, Antitrust & Competition, International Antitrust & Competition
Joel G. Chefitz was quoted in the May 28 issue of Global Competition Review in an article regarding a settlement the National Association of Realtors (NAR) recently reached with the U.S. Department of Justice that increases competition between online and office-based residential real estate brokers by giving internet-based brokers access to multiple listing services they were blocked from accessing. He noted, however, that the settlement will likely bring "only modest benefits" for online brokers. "My understanding is that NAR suspended the challenged restrictive policy in 2005 after the DoJ filed suit, and the settlement appears to make that suspension permanent. Notwithstanding the relaxation in policy since 2005, commissions reportedly have held steady and online brokers still account for less than 10 percent of the market. Consumers apparently prefer flesh-and-blood agents to the virtual variety," he said.
Joel G. Chefitz, Antitrust & Competition, Trial
Joel R. Grosberg was quoted in the March 1 issue of CFO Magazine in an article regarding potential obstacles for global transactions including a Democratic White House, an increasing number of jurisdictions with the right to review a deal's antitrust implications and antitrust rules in China and India. As a partner in McDermott's Antitrust and Competition Practice, Mr. Grosberg stated that if the White House goes to a Democrat, "CFOs should expect that antitrust enforcement will be more aggressive." In India, where there are no minimum thresholds for filing acquisitions and a 210-day review period is standard, Mr. Grosberg noted that even "if your deal raises no issues, you could be held up for seven months."
Joel R. Grosberg, Antitrust & Competition, International Antitrust & Competition, M&A/JVs - Antitrust Aspects, Mergers & Acquisitions
Newly promoted partner Philip Torbøl was profiled in the January 2 issue of Global Competition Review in an article titled "McDermott Will boosts competition group in Brussels". Mr. Torbøl commented that, "The European competition practice has been booming over the last couple of years and it is an honour to follow in the footsteps of so many great lawyers."
Philip Torbøl, Antitrust & Competition, Brussels, EU Competition
2007
Veronica Pinotti has an individual ranking in the Recommended section of the November issue of the Global Competition Review survey on Italy’s competition bar which looks at the Italian marketplace. The Firm's Italian competition practice is also mentioned in the Recommended section of this survey.
Veronica Pinotti, Antitrust & Competition, Italy
William Diaz was quoted in an October 31, 2007 article published by Competition Law360 regarding Google Inc.'s $3 billion takeover of DoubleClick Inc., an internet advertising firm. As a partner in McDermott's Antitrust and Competition Practice Group, Mr. Diaz stated that the Australian Competition and Consumer Commission's decision to approve the merger would be taken into consideration by the European Union and the United States, but that E.U. and U.S. regulators would likely face opposition to the merger. "It's certainly a positive step, but I would say that it's still too early to tell. At the end of the day, it still depends on what's happening in their own domestic boundaries," he said. "If they have competitors complaining or customers complaining, it will still be an issue and Google will have to start all over again," he added.
William Diaz, Antitrust & Competition, Government Strategies
Veronica Pinotti and Martino Sforza are mentioned in 31 October issue of TopLegal for their assistance in the notification to the Italian Competition Authority of the sale to a private equity buyer of Erickson Air-Crane Incorporated, the exclusive manufacturer and the largest worldwide operator of the S-64 Air-Crane heavy-lift helicopter.
Veronica Pinotti, Martino Sforza, Antitrust & Competition, Italy
Veronica Pinotti was quoted in the October 24, 2007 issue of Global Competition Review in an article regarding Italy's antitrust authority's investigation into alleged price-fixing in the pasta industry. "The Italian consumer associations are becoming incredibly active on antitrust complaints," commented Ms. Pinotti. She continued, "Customers are complaining about the general increase in the prices of food products and an antitrust complaint is a way to react. In my view there will be other sectors under investigation very soon."
Veronica Pinotti, Antitrust & Competition, Italy
Raymond A. Jacobsen, Jr. completed a Q&A on October 2 published by Competition Law360 regarding his work in antitrust law.
Raymond A. Jacobsen Jr., Antitrust & Competition
Joel Grosberg was quoted in a June 26 article published by Red Herring regarding Google's request to a federal judge for intervention in the Microsoft anti-trust settlement with the U.S. that is set to expire in November. Mr. Grosberg spoke about Google's legal strategy and it's attempt to limit Microsoft's business. "It's quite common for competitors to use the government or make anti-trust complaints to attempt to gain some competitive advantage in the market or make it more difficult to compete. It's not unusual in that (Google) is doing it. It is unusual in making it a public dispute rather than a private one," Mr. Grosberg said.
Joel R. Grosberg, Antitrust & Competition, Antitrust - IP, Intellectual Property
Philip Torbøl was quoted in the March 22 issue of the Danish business newspaper Børsen. He was interviewed in relation to the EU/US Open Skies negotiations, in which he is representing parties in the airline industry.
Philip Torbøl, Antitrust & Competition, Brussels, EU Competition, International Antitrust & Competition
Philip Torbøl was quoted in the 5 March edition of the Danish business newspaper Børsen in relation to the EU / US Open Skies negotiations. Mr. Torbøl is mentioned as representing parts of the European airline industry.
Philip Torbøl, Antitrust & Competition, Brussels, EU Competition, International Antitrust & Competition
Philip Torbøl was quoted in the 2 March edition of Competition Law360 regarding the agreement of a preliminary deal in the EU / US Open Skies negotiations. He was mentioned as an advisor fo the European aviation industry and spoke about the ultimate goal of having a completely open aviation market.
Philip Torbøl, Antitrust & Competition, Brussels, EU Competition, International Antitrust & Competition
Joel Grosberg was quoted in the March issue of CFO Magazine regarding the impact of a Democratic U.S. Congress on M&A deals.
Joel R. Grosberg, Antitrust & Competition
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission's request for additional information on Psychiatric Solutions' proposed acquisition of Horizon Health Corp. "It's indicative of an issue, but not necessarily indicative of a problem," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
Philip Torbøl was profiled in an article in the 19 January issue of the Danish business newspaper Børsen in relation to the recent expansion of the Brussels office, resulting in the largest concentration of Danish lawyers in one single Brussels law firm.
Philip Torbøl, Antitrust & Competition, Brussels, EU Competition, International Antitrust & Competition
Joseph Winterscheid was quoted in Global Competition Review on January 4, 2007 in an overview of the U.S. Justice Department Antitrust Division 2006 activity. In 2006, the department obtained criminal fines totaling $473 million - up 40 per cent from the previous year. Joe notes that the division's leadership is being more active on non-criminal policy issues, including international convergence, Supreme Court amicus submissions, and examining dominant firm conduct rules.
Joseph F. Winterscheid, Antitrust & Competition
2006
Joseph Winterscheid was quoted in Global Competition Review on December 5 regarding the Bank of New York's $16.5 billion acquisition of Mellon Financial. If approved, this would create the world's largest securities company. "This is one of those instances where big is not necessarily bad for antitrust purposes," says Mr. Winterscheid. "The two firms' banking operations are largely complementary, and their trust and asset management business will continue to face competition from a number of formidable players."
Joseph F. Winterscheid, Antitrust & Competition
Oliver Steffens was mentioned in the September issue of Juve Rechtsmarkt as the legal advisor of Orica Limited in a deal announcement about its acquisition of Dyno Nobel.
Oliver Steffens, Antitrust & Competition, Germany
Joel Grosberg appeared on Bloomberg News television on August 2 and discussed the FTC's decision in the Rambus matter.
Joel R. Grosberg, Antitrust & Competition
Oliver Steffens and Wolfgang von Frentz were guests on the Indian television station T1 in connection with their speaking engagement at the televised 2006 World Customs Organisation IT Conference and Exhibition.
Oliver Steffens, Wolfgang Freiherr Raitz von Frentz, Antitrust & Competition, Competition - Germany, Germany, Intellectual Property, IP, Media & Tech - Germany
Frank Schoneveld was quoted in the April 21 issue of Competition Law360 regarding new EU State aid rules for R&D.
Frank Schoneveld, Antitrust & Competition, Brussels
Clive Stanbrook was quoted in the April 7 issue of The Wall Street Journal regarding the decision by the EU to broaden the offensive against "golden shares." Clive commented that the use of so-called poison pills, shareholder-rights plans that were first deployed in the United States during the 1980s to make hostile takeovers prohibitively expensive, have been limited by judges.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition, EU Regulatory
Clive Stanbrook QC was quoted in the 17 March issue of Competition Law360. The Brussels office partners were interviewed for a special series on law firms in Brussels, beginning with a feature on McDermott Will & Emery/Stanbrook LLP.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition, EU Regulatory
Joseph Winterscheid was quoted by Global Competition Review on March 17 regarding the U.S. Supreme Court decision that allows companies running joint ventures to set prices without infringing antitrust laws. "Had the court of appeals' decision been allowed to stand, it would have paralyzed joint venture activity in the United States," commented Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition
Joseph Winterscheid was quoted by Global Competition Review on March 17 in regard to the U.S. Supreme Court's decision that limits the scope for bringing antitrust suits against patent holders. "It's evident that this time court was guided by the U.S. antitrust agencies' current enforcement policies and legislative developments in the area of patent misuse," he commented.
Joseph F. Winterscheid, Antitrust & Competition
McDermott was mentioned in the February 7 issue of the Daily Deal as antitrust counsel to Blackboard Inc. in its acquisition of WebCT Inc.
2005
Joel Grosberg was quoted in the November 29 issue of Compliance Week regarding "gun jumping" prohibitions in antitrust laws. Mr. Grosberg noted that FTC general counsel, William Blumenthal, provided helpful examples of permissible conduct in a speech to the Association of Corporate Counsel on "gun-jumping." "The message is that it's okay to promote the deal and talk about the deal, as long as you have proper guidelines."
Joel R. Grosberg, Antitrust & Competition
Philip Bentley was interviewed for the weekly BBC television program Record Europe regarding his views on the development of a number of cases at the European Court of Justice in Luxembourg, the role of the court and the general awareness of companies of their right to bring cases before the court.
Philip Bentley QC, Antitrust & Competition
Ray Jacobsen was quoted in the August 4 issue of the New York Law Journal regarding the U.S. Supreme Court's decision to hear, Texaco v. Dagher, which could determine whether joint ventures that agree to fix prices are subject to the per se rule disapproving of the practice. "If it's not reversed, it could have a chilling effect on joint ventures in every industry in the country," commented Mr. Jacobsen, who wrote an amicus brief on behalf of the U.S. Chamber of Commerce and the National Association of Manufacturers asking the Court to overturn the ruling.
Raymond A. Jacobsen Jr., Antitrust & Competition
Clive Stanbrook commented on Bloomberg.com on June 3 regarding an investigation by the European Commission.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Regulatory
McDermott Will & Emery was mentioned in the February 16 issue of Handelsblatt in regard to the expansion in Brussels with Clive Stanbrook QC and a team of lawyers joining McDermott.
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
McDermott Will & Emery was mentioned in the February 15 issue of The Times (London) regarding our expansion in Brussels. "The firm, run by Clive Stanbrook has had a strong reputation and was a satisfying example of British excellence abroad."
Clive Stanbrook QC, Antitrust & Competition, Brussels, EU Competition
2004
Joel Grosberg was quoted in the November 9 issue of USA Today in regard to Microsoft's proposal to pay rival software maker Novell a $536 million settlement, and its announced truce with the Computer & Communications Industry Association, a trade group that has bedeviled it on several legal fronts. Regardless of this latest proposed settlement, Novell said it intends to slap an antitrust lawsuit on Microsoft soon for using unfair practices to overtake its WordPerfect software suite, which Novell owned from 1994 to 1996.
Joel R. Grosberg, Antitrust & Competition
Joseph Winterscheid was quoted in the November 1 issue of Global Competition Review in regard to the impact the presidential election will have on antitrust regulation. "Election outcomes continue to be relevant, but much less so than in decades past. A change in administration is unlikely to bring about any sea change — any changes will indeed be at the margins. The 'swinging pendulum' analogy was apt 20 years ago, but now it's more akin to changing watch batteries — you may notice some difference in performance of the second-hand, but it won't be profound," commented Mr. Winterscheid.
Joseph F. Winterscheid, Antitrust & Competition, Government Strategies
Oliver Steffens was quoted in the April 29 issue of Wirtschaftswoche regarding the seventh amendment to the Act against Restraints of Competition.
Oliver Steffens, Antitrust & Competition, Germany
Joel Grosberg was quoted in the Los Angeles Times on March 25 in response to the European Commission's precedent setting ruling regarding Microsoft. In its decision the commission directed Microsoft to offer computer makers a version of Windows without its media player but it didn't say the stripped-down Windows had to be cheaper. Mr. Grosberg agreed commenting, "If they don't have to offer a difference in price, you might as well take the Windows that has the media player in it. I don't see much impact on Microsoft's business."
Joel R. Grosberg, Antitrust & Competition, EU Competition
The opening of the Brussels office was reported by the Daily Deal on February 5. The Deal reported that the "expansion is designed to support the firm's established European Competition and regulatory practice, and is expected to enhance the services it provides to multinational clients." On February 6, Global Competition Review also reported the opening of our Brussels office.
Antitrust & Competition, EU Competition
2003
Jon Dubrow was quoted in the May 26 issue of Mergers & Acquisitions Report regarding regulatory agencies taking a harder look at the anticompetitive effects of purchasing parts of companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
Jon Dubrow was quoted in the April 2003 issue of Corporate Legal Times in the article "Justice Department Raises Stakes in Gun-Jumping Game," about premerger collaboration between competing companies.
Jon B. Dubrow, Antitrust & Competition, M&A/JVs - Antitrust Aspects
McDermott Will & Emery was mentioned in the March 20 issue of The Recorder in regard to Baker v. Jewel Food Stores, in which plaintiffs alleged Jewel and Dominick's conspired to fix milk prices. McDermott Will & Emery was mentioned as counsel on behalf of Jewel Food Stores.
David Marx was quoted in the February 17 issue of Modern Healthcare in regard to the Federal Trade Commission identifying health care antitrust as a priority. "To the extent that there is speechifying that isn't promptly followed with enforcement actions, whatever deterrent effects that might be created are lost, particularly, if at the end the day, the only remedy is go forth and sin no more," commented Mr. Marx.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the February 10 issue of Modern Healthcare in an article addressing federal antitrust regulators increasing paying attention to the recent wave of physician job actions aimed at pressuring state legislatures to reform tort laws. Mr. Marx commented that "….when doctors make statements publicly so competitors hear, it becomes a form of signaling….the real issue is where do you cross the line from protected speech to concerted illegal actions."
David Marx Jr., Antitrust & Competition, Health - Antitrust
McDermott Will & Emery was mentioned in the February 10 issue of the Global Competition Review in regard to advising Centerpulse on the sale of its heart valve entity, Carbomedics, to Snia S.p.A.
Antitrust & Competition, Life Sciences & Medical Devices, Mergers & Acquisitions
David Marx was quoted in the January 2 issue of the Miami Daily Business Review regarding prosecuting executives under the rising antitrust laws. Mr. Marx commented on Gary Spratling, the Department of Justice's antitrust division's deputy assistant attorney general, "…[He] pushed for bigger cases and international cooperation and converted the DOJ's corporate amnesty provision into the 'business development program' of the antitrust division." Mr. Marx's quote also appeared in the January issue of Corporate Counsel.
David Marx Jr., Antitrust & Competition
2002
David Marx was quoted in the November 18 issue of The National Law Journal in an article addressing the increased prosecution of executives in regard to antitrust violations. Mr. Marx commented on Gary Spratling, the antitrust division's deputy assistant attorney general in the 1990s who, "pushed for bigger cases and international cooperation and converted the Department of Justice's corporate amnesty provision into the 'business development program' of the antitrust division."
David Marx Jr., Antitrust & Competition
Joel Grosberg was quoted in the November 12 issue of The Boston Globe in regard to the continued antitrust litigation against Microsoft. The article addressed whether or not states are going to continue with their suits keeping in mind that the court costs are only increasing. Mr. Grosberg commented that he thought Microsoft "will agree to pay the states' fees, to avoid goading the states into filing an appeal."
Joel R. Grosberg, Antitrust & Competition
David Marx and James Sneed were quoted in the May 20 issue of Managed Care Outlook in regard to a few recent settlements between physician groups and the Federal Trade Commission regarding price fixing and other anti-competitive behavior. Mr. Marx commented that, "Most of the cases arise from non-risk contracts, where the physician network is supposed to be using a modified messenger model for negotiations, but in actual practice appears to be engaging in collusive price fixing activities." Mr. Sneed commented that the antitrust settlements are not likely to last and that the FTC’s recent actions will deter other doctors.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in an article addressing the U.S. Justice Department's Antitrust Division's recent decision to disband its 17-lawyer healthcare task force, published in the February 11 issue of Modern Healthcare. David commented that the state attorney generals' offices, who will now handling the responsibility of the task force, are sometimes "in deep hibernation, but some are not." He also mentioned that the antitrust lawyers in the state office are increasingly educated, trained and experienced.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the January 14 issue of Modern Healthcare in regard to the recent reorganization at the U.S. Justice Department, which eliminated the antitrust division’s 17-attorney health care task force. Mr. Marx pointed out that the FTC nor the Justice Department has prevailed in a hospital merger court case in 10 years, "Hospitals won that war."
David Marx Jr., Antitrust & Competition, Health - Antitrust
2001
McDermott Will & Emery was mentioned in the December issue of Legal Business in a piece on litigation and antitrust departments being launched by U.S. firms in London. McDermott was mentioned for having a notable dispute resolution practice.
Antitrust & Competition, Litigation - London, London, Trial
David Marx was quoted in the November 19 issue of Modern Healthcare in regard to a federal consent decree forbidding contract negotiations between independent doctors and insurers for the Federation of Physicians and Dentists in Tallahassee, Florida.
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Marx was quoted in the October 29 issue of Modern Healthcare in response to the U.S. Justice Department’s decision to bar a Florida-based labor organization from acting as a collective-bargaining agent for competing doctors. Mr. Marx considers the decision a defeat for physicians, "who might consider unions to be a potential safe haven for otherwise collective negotiations with payers."
David Marx Jr., Antitrust & Competition, Health, Health - Antitrust
David Gould was quoted in the October 15 issue of the Los Angeles Business Journal in regard to California’s private bankruptcy trustees who liquidate the assets of bankrupt companies and occasionally oversee their operations. Mr. Gould, who serves as counsel for the trustees, compared the once exclusive trustee "club" in which the bankruptcy judge would appoint his own trustees to the present trustees who are appointed by the Justice Department.
