Practices

Antitrust & Federal Regulation

Make competition work.

  

Antitrust

Mintz Levin’s Antitrust practice spans the full spectrum, including:

  • Analyzing antitrust issues that affect business relationships and the structure or outcome of a transaction;
  • Shepherding through the merger review process transactions of the size and scope that draw the attention of federal antitrust agencies;
  • Litigating antitrust cases, including criminal antitrust matters;
  • Representing diverse clients in federal antitrust investigations; and
  • Structuring competitor collaborations

Much of our antitrust practice involves addressing business issues impacting the health care, communications and media, energy and clean technology, financial services, and life sciences industries. We represent Fortune 500 companies, joint ventures, small businesses, and not-for-profit entities in global antitrust and competition-related matters.

Our most senior antitrust practitioners have decades of private practice antitrust experience.  Several have held positions in antitrust enforcement agencies and have had leadership positions in the Antitrust Section of the American Bar Association. All are frequent speakers and authors in the antitrust field.

Federal Regulation

Mintz Levin attorneys also have significant experience interacting with both the executive and legislative branches of government. They have dealt with a wide range of regulatory agencies and issues, and have effectively challenged governmental decisions in court and in administrative proceedings. We help our clients understand federal policies and regulations, and work to influence the development of federal law by anticipating and dealing with governmental actions that might adversely impact our clients’ interests.

In our Federal Regulation work, Mintz Levin attorneys:

  • Counsel clients regarding regulatory and federal litigation matters;
  • Engage in executive branch and agency proceedings and rulemakings; and
  • Represent a diverse group of individuals, businesses, and trade associations before Congress.

Our clients benefit directly from our attorneys’ experience with all three branches of the federal government. We bring this experience to bear when counseling clients on how to solve or avoid problems, helping them prevail in a necessary governmental action, and providing insight into governmental activity to help them more effectively conduct business affairs.

Mintz Levin’s Washington, D.C., office maintains an active legislative practice spanning a broad cross section of issues and key Congressional committees. We also frequently deal with the following agencies:

  • Consumer Product Safety Commission
  • Department of Health and Human Services
  • Department of Justice
  • Environmental Protection Agency
  • Federal Communications Commission
  • Federal Trade Commission
  • Food and Drug Administration
  • Nuclear Regulatory Commission
  • Office of the U.S. Trade Representative
  • Securities and Exchange Commission

Several former government officials from both the legislative and executive branches who are now practicing at Mintz Levin provide valuable perspective and firsthand experience to our federal representation. Our most senior litigators in Washington bring to their practices the perspective of federal judicial clerkships and decades of experience in federal court litigation.

Please contact Bruce Sokler to learn more about our Antitrust & Federal Regulation Practice.

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Publications

Case Study: Messner V. Northshore

2/9/2012
Bruce D. Sokler, Kevin M. McGinty, Christi J. Braun and Robert G. Kidwell
Law360

Glass Fireplace Makers Seek CPSC Help in Education Efforts

1/30/2012

Product Safety Letter

Antitrust and Class Action Advisory: New Seventh Circuit Decision Endorses Heightened Scrutiny of Experts at Class Certification Stage While Potentially Lowering the Bar to the Predominance Element at Class Certification

1/26/2012



Antitrust & Federal Regulation Alert: FTC Announces Increased HSR Thresholds

1/24/2012



Rockford Rerun: The FTC on Hospital Mergers

12/12/2011
Bruce D. Sokler, Robert G. Kidwell and Christi J. Braun
Law360

Antitrust & Federal Regulation Advisory: Distributor of Swimming Pool Supplies Agrees with FTC Not to Dunk Its Rivals

11/28/2011



Obama Jobs Act Seen as Potentially Hiking Borrowing Costs

9/13/2011

Modern Healthcare

On the Chopping Block: Municipal Bonds Could be Seen as Part of Deficit Fix

8/8/2011

Modern Healthcare

Market Eyes Long-Term Impact of Debt Agreement

8/2/2011

The Bond Buyer

Exclusivity: Antitrust Concerns for ACOs

8/2011
Rashi Mittal
ABA Health eSource

Exclusivity and the Antitrust Issues it Raises for ACOs

8/2011
Christi J. Braun
ABA Antitrust Health Care Chronicle

Health Reform Has an Antitrust Angle

7/27/2011

Corporate Counsel

Dodd-Frank Sparks Anxiety Issues

7/13/2011

The Bond Buyer

Antitrust & Federal Regulation Advisory: Revisions to HSR Rules May Increase Reporting Burden for Investment Funds and Certain Multinational Businesses

7/11/2011



Health Care Antitrust Alert: FTC/DOJ Issue Proposed Statement of Antitrust Enforcement Regarding Accountable Care Organizations

4/1/2011



Health Care Antitrust Alert: DOJ Begins Enforcing Section 2 of the Sherman Act with Texas Hospital

3/1/2011



Exempt Health Care Entities Looking for SEC to Clarify Municipal Adviser Registration Rule

2/17/2011

BNA's Health Law Reporter

The SEC and Tax-Exempt Borrowers

1/24/2011

ModernHealthcare.com

Antitrust and Federal Regulation Alert: Federal Trade Commission Announces Increased Hart-Scott-Rodino Thresholds

1/24/2011



Antitrust and Federal Regulation Advisory: DOJ Continues to Target Employment Non-Solicitation Agreements

1/11/2011



Telecoms and Media 2011: United States

1/2011
Bruce D. Sokler and Robert G. Kidwell
Getting the Deal Through

Antitrust Alert: Third Circuit Revives Conspiracy Claims against Hospital and Insurer

12/3/2010



Antitrust and Federal Regulation Alert: Aggressive Consumer Protection Enforcement

11/11/2010



Consumer Protection Advertising Alert: FTC “Pomels” POM Wonderful and Other Companies for Making Allegedly False and Misleading Health Claims

10/4/2010



Antitrust Alert: Leegin on Remand: Retailer Fails to Sell Vertical Price Fixing Allegation

8/24/2010



Antitrust Advisory: Eleventh Circuit Finds Competitor Hospital Is "Efficient Enforcer" for Tying Claim under Federal Antitrust Laws

5/26/2010



Antitrust Advisory: Latest Chapter in Evanston Hospital Antitrust Saga: Class Certification Denied in Private Antitrust Case

5/11/2010



FTC Consumer Protection Alert: FTC Closes Blogger Marketing Investigation

4/30/2010



Antitrust Alert: Federal Antitrust Agencies Release Proposed Horizontal Merger Guidelines

4/21/2010



Antitrust Advisory: Failure to Prove Relevant Market Ends Tenants' Challenge to AT&T Exclusive MDU Agreements

2/25/2010



Antitrust and Federal Regulation Alert: Federal Trade Commission Picks Intel As Target for Separate Section 5 Claim Beyond the Sherman Act

12/17/2009



FTC Consumer Protection Alert: New Advertising Guidelines Effective December 1, 2009: "Results May Vary"... and the FTC Wants You To Change Your Disclosure

12/2/2009



FTC Consumer Protection Alert: Advertisers, Bloggers, Endorsers and Testimonialists Beware! FTC Revises Guides on Endorsements and Testimonials in Advertising

10/7/2009



Antitrust & Federal Regulation Advisory: Hospital’s Refusal To Deal Is Good Medicine under the Antitrust Laws

10/6/2009



Webinar: Tracking Labels: Why? Which? Who? When? What? How?

8/7/2009



FTC Consumer Protection Advisory: Recent Actions Hint at Increased Enforcement Activity under the FTC's New Consumer Protection Director

7/8/2009



Consumer Protection Alert: Buyer Beware

1/27/2009



Antitrust Alert: HSR and Other FTC Civil Penalties Increase

1/15/2009



Antitrust Alert: FTC Announces Annual Revision of HSR Threshold

1/8/2009



Antitrust Advisory: Hedge Funds Fined $800,000 for Acquiring Additional Stock in AutoZone without Filing New HSR Notifications

12/17/2008



Antitrust Advisory: Golf Superstore Falls into Trap with Non-Compete Agreement

10/15/2008



Antitrust Advisory: FTC Denies Dialysis Clinic a License to Raise Prices to Medicare

9/30/2008



Antitrust Advisory: Unions' Exemption from Antitrust Laws is Not Made of Steel

8/8/2008



Privacy and Security Alert: The FTC Approves Long-Awaited CAN-SPAM Discretionary Rule

5/13/2008



Antitrust Advisory: FTC's Rambus Decision Concerning Patent Holder's Behavior in Standard-Setting Process Reversed by D.C. Circuit

4/25/2008



Antitrust Alert: Paving the Intersection of Antitrust and Labor Law

3/14/2008



Antitrust & Federal Regulation: Senate Passes Consumer Product Safety Act Reauthorization

3/7/2008



Antitrust Advisory: Fifth Circuit Affirms FTC Order to Divest Assets in Chicago Bridge & Iron

2/4/2008



Antitrust Alert: FTC Announces Annual Revision of HSR Threshold

1/23/2008



Antitrust Alert: Investing a Little Time to Consider Whether the Premerger Notification Rules Apply to Your Transaction Is Worth Its Weight in Gold

12/20/2007



Antitrust Advisory: Microsoft Decisions Breed Further Uncertainty in Assessing Unilateral Conduct in the Global Market

10/31/2007



Antitrust Alert: Second Circuit Eases Burden on Defendants

9/7/2007



Antitrust & IP Alert: Third Circuit Rules Deception in Standard-Setting Can Violate Antitrust Laws

9/7/2007



Health Antitrust Advisory: FTC Rules Evanston Northwestern Merger Violated Antitrust Law

8/8/2007



Health Antitrust Alert: FTC Staff Takes Positive Second Look at MedSouth's Clinical Integration

6/22/2007



Antitrust & Intellectual Property Advisory: Antitrust Agencies Release Intellectual Property Report, Cover Little New Ground

4/23/2007



Communications Antitrust Advisory: SBC-AT&T and Verizon-MCI Merger Review Ends - Not with Bang, but with Whimper

4/10/2007



Privacy and Security Alert: Six Additional State Data Security Breach Notification Laws Become Effective in 2007

2/21/2007



Privacy Article: RFID use in health care raises privacy questions.

11/28/2006



A Bigger, Better Vote: Congress Ought to Find More Ways to Boost Turnout for Elections

10/23/2006



Antitrust Alert: FTC Draws Line in the Sand Regarding Patent Holder's Behavior in Standard-Setting Process

8/4/2006



Antitrust Advisory: HSR "Gun-Jumping" Nets Parties $1.8 Million Penalty

4/28/2006



Antitrust Article: Don't Pick Up: When Bell Companies Ring for Favors, Lawmakers Shouldn't be Listening

4/3/2006



Antitrust Article: China Releases "Plan on IPR Protection Action 2006

4/1/2006



Antitrust Advisory: A Patent Does Not Automatically Confer Market Power

3/23/2006



Antitrust Advisory: Supreme Court Adopts More Restrictive Application of Robinson-Patman Act

1/23/2006



Antitrust Advisory: FTC Updates HSR Thresholds

1/23/2006



Antitrust Advisory: Preventative Medicine: The Benefits of an Effective Antitrust Compliance Program

1/19/2006



Antitrust Advisory: The Full FTC Affirms North Texas Specialty Physicians-Provides First Agency Guidance on Messenger Models

12/29/2005



Antitrust Alert: Evanston Northwestern Healthcare Corporation Must Divest Highland Park Hospital - Administrative Law Judge Rules for FTC

10/25/2005



Antitrust Client Alert: Department of Justice and Federal Trade Commission to Hold Workshop on Competition Policy and the Real Estate Industry

9/15/2005



Antitrust Article: RDA: Boon and Bane

6/25/2005



Antitrust Client Alert: Antitrust Conditions on Reuters' Acquisition of Moneyline Telerate: Lessons at Home and Abroad

6/1/2005



Antitrust Article: A Consideration of Dagher and the Antitrust Standard for Joint Ventures

3/14/2005



Antitrust Update: FTC Updates HSR Thresholds

1/26/2005



Business Client Alert: Federal Trade Commission to Apply CAN - SPAM Final Rules Effective February 18, 2005

12/30/2004



Business Client Alert: Are You Ready for California's New Data Sharing Law?

12/30/2004



Antitrust Article: Ticklish fantasies, Expository excess in deal documents hobbles dealmaking and waves a red flag at regulators

11/29/2004



Antitrust Article: Licensing at the Crossroads of Antitrust and Intellectual Property: Choosing the Right Road

9/15/2004



Antitrust Article: Trade Associations: Risky Business

7/23/2004



Antitrust Advisory: Joint Ventures Among Competitors and Antitrust Recent Lessons from the Ninth Circuit

6/24/2004



Antitrust Advisory: The Antitrust Dangers of "Hot" Documents

5/28/2004



Privacy Newsletter: New California Privacy Law Requires All Web Sites to Post Privacy Policies

5/15/2004



Communications Article: Unleashing Instant Messaging From Regulatory Oversight

3/1/2004



LTC Matters: Federal Agencies Hold Hearings on Antitrust Issues in Health Care: Long Term Care Session Focuses on Competition Dimensions of Quality Care

7/21/2003



Privacy Newsletter: New California Privacy Law Requires Dislosure of Security Breaches

7/15/2003



Intellectual Property Article: Practical Guide to Antitrust Pitfalls in Licensing

4/1/2003



Privacy Newsletter: National Do Not Call List Raises Privacy Concerns for Telemarketers

3/10/2003



Federal Healthcare Memorandum: FTC Issues Clinical Integration Advisory Opinion

3/1/2003



Antitrust Advisory: Justice Department Obtains $5.67 Million in Civil Penalties for Merger Gun-Jumping

2/1/2003



Antitrust Advisory: The Importance of an Effective Antitrust Compliance Program

7/1/2002



Privacy Newsletter: FTC Issues Rule for Safeguarding Customer Information

6/1/2002



Business Client Alert: Federal Legislation Update- The USA PATRIOT Act and Applicability of Anti-Money Laundering Rules to Private Investment Companies/Funds

3/1/2002



Privacy Newsletter: United States Court of Appeals Holds That a Third Party Cannot Give Effective Consent to Password Protected Computer Files

1/1/2002



Antitrust Article: Mergers and Acquisitions: The Monthly Tax Journal

12/1/2001



Antitrust/IP Advisory: Federal Antitrust Agencies Announce Hearings on the Intersection of Antitrust and Intellectual Property Issues

11/1/2001



Privacy Newsletter: Websites as Financial Institutions and Clinical Trials

9/1/2001



Privacy Newsletter: Individual Privacy on the Internet

8/1/2001



Antitrust Article: The Hart-Scott-Rodino Premerger Notification Requirement by Yee Wah Chin

8/1/2001



Antitrust Article: Antirust Update - Covenants Not to Compete

3/1/2001



Antitrust Client Alert: Important Changes to the "HSR" Notification Rules

12/1/2000



Antitrust Article: What Not to Say in the Course of Acquisitions and Transactions

4/1/1998



Antitrust Article: Merger Mania: How a Business Lawyer Can Assist Antitrust Counsel

4/1/1998



Resources

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