“U.S. v. Anthem/Cigna” and Regrettable Skepticism of Procompetitive Efficiencies

Antitrust & Competition — US Department of Justice

swisherAnthony W. Swisher, a Partner in the Washington, DC office of Squire Patton Boggs (US) LLP.

One of the principles underlying merger analysis has always been that mergers provide value to society. Historically, this idea has seen practical expression in a degree of humility on the part of the antitrust enforcement agencies, and a reluctance to intervene too hastily in a deal, lest they disrupt the benefits that might flow from it. Another practical expression of the recognition of merger-specific benefits is the availability of the efficiencies defense. Under the Horizontal Merger Guidelines, the Department of Justice’s Antitrust Division and the Federal Trade Commission will consider the degree to which a deal will permit the merging parties to obtain efficiencies that would not be available to them individually. Continue reading ““U.S. v. Anthem/Cigna” and Regrettable Skepticism of Procompetitive Efficiencies”

Update: President Signs Resolution to Overturn OSHA Recordkeeping Rule Criticized in WLF Paper

oshaOn April 3, 2017, President Trump signed into law House Joint Resolution 83, which nullifies an Occupational Safety and Health Administration recordkeeping rule. The US House of Representatives and the US Senate had both passed the resolution to nullify the rule under the Congressional Review Act.

We noted the House’s passage of the resolution last month in US House of Representatives Disapproves OSHA Rule Recently Analyzed in WLF Paper. A February 24, 2017 Washington Legal Foundation Legal Opinion Letter, OSHA’s Midnight Attempt to Overrule Federal Court’s Decision Is Ripe for Rescission, explained how the “clarification” rule illegally expanded employers’ obligation to make and maintain records beyond the Occupational Safety and Health Act six-month statute of limitations.