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GLG News by FTC Healthcare M&A Experts: Lawyers

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March 29, 2007
Antitrust: Revolution in the Supreme Court or Chipping Away at the Margins?
Analysis of: Antitrust laws take a beating from Supreme Court | www.chron.com
Author: GLG Expert Contributor
The Supreme Court has chosen to grant review on several antitrust cases in the last couple of years and has generally expressed skepticism at per se approaches in favor of a more nuanced, supposedly fact-based approach.  Some of these cases involved quite narrow or specific factual circumstances,...
November 7, 2006
Antitrust analysis is likely to proceed but clearance with only potential commitments to treat other pharmacies fairly is likely
Analysis of: CVS Buying Caremark for About $21.2B | biz.yahoo.com
Author: GLG Expert Contributor
This merger is likely to attract a thorough antitrust review by the FTC because of that agency's concern with pharmaceutical sales and distribution generally, the magnitude of the transaction, and the fact that it may be a harbinger of future transactions of a similar nature.  The antitrust bar...
November 7, 2006
Treble damages in Rico suits intended as deterrent and to stimulate enforcement
Analysis of: Vivendi sues T-Mobile for fraud | www.ft.com
Author: GLG Expert Contributor
The question has been asked about the reasons behind treble (triple) damages in RICO private lawsuits.  The reasons were borrowed from antitrust law although damage calculations and determinations of injury are different.
October 31, 2006
Antitrust analysis alone would be unlikely to affect this deal but politics might
Analysis of: NFU Meets with DOJ on Smithfield Acquisition | www.wisconsinagconnection.com
Author: GLG Expert Contributor
The DOJ will conduct a thorough review of this proposed merger, as the parties have clearly expected and several influential midwestern Senators have virtually demanded by threatening to hold hearings of their own.  At most this appears to be a borderline situation that would be unlikely to lead...

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