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March 13, 2021 - On March 12, the FTC clarified
the extent of its temporary suspension of early termination of the
initial 30-day waiting period under the Hart-Scott-Rodino (HSR)
Act. Historically, the FTC and DOJ have exercised their discretion
to grant early termination of the initial waiting period in
appropriate circumstances if requested by the parties to an HSR
reportable transaction. On February 4, 2021, the DOJ and FTC
announced the temporary suspension of that policy during the
transition to the new administration and in light of a recent spike
MAJOR MARKET COMPARISON OF KEY COVID-19 LEGISLATION
As pharmaceutical companies worldwide race to supply vaccines
and therapeutics to fight the spread of COVID-19, understanding the
laws and regulations that could impact parties involved in the
COVID-19 pandemic supply chain is increasingly important. This
article provides an overview and comparison of legislation relevant
to manufacturers, suppliers, distributors, and health professionals
involved in the response to the COVID-19 pandemic in each of the
United States ( US ), European Union ( EU ),
United Kingdom ( UK ), and People s Republic of China
( PRC ), including measures to ensure (1) immunity from
COVID-19 countermeasure liability; (2) government ability to direct
(or redirect) resources; (3) emergency use authorizations; (4)
Powerhouse Points:
An effective antitrust compliance program should be
incorporated in a company s business practices and internal
controls.
Tone at the top is critical.
Senior management must be held accountable.
The importance of the antitrust compliance program should be
reflected in the company s employee evaluation, incentive, and
compensation systems.
Antitrust compliance training should be tailored to the
company s business.
An antitrust violation can be costly for a company. It can
subject the company to criminal fines. Executives may even be
sentenced to jail. If the company does business with a federal or
state agency, it may be subject to debarment, prohibiting the
Imagine this: You litigate a case for years. Your opponent wins summary judgment. You appeal. The appellate court agrees that the summary judgment was erroneous and remands for trial.
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Although much attention recently has been focused upon debates
in Congress, potential legislative changes to U.S. antitrust law
are not limited to
proposals at the federal level. Many states are considering
changes to their own antitrust laws, which usually can be enforced
by state attorneys general and private plaintiffs. Importantly, New
York legislators have introduced two bills that propose sweeping
changes to the State s antitrust law, the Donnelly Act,
building on measures introduced
in New York s last legislative session.
These proposals, if enacted, would make New York s single