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Allen Carter

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Allen focuses his practice on complex business and corporate litigation and represents companies of all sizes in a variety of high-stakes matters, including those involving antitrust issues and commercial disputes.

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DOJ challenges healthcare system’s use of anti-steering clauses

By Allen Carter on Categories: Health Care
In its continuing fight against rising healthcare costs, the Justice Department (DOJ) has sued Charlotte, North Carolina’s largest healthcare system for using a common healthcare contracting tool, the anti-steering clause. U.S. and the State of North Carolina v. The Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System (CHS), Case No. 3:16-cv-00311, filed on June 9, 2016. … Continue Reading

ABA Antitrust Section’s Spring Meeting 2016: Agency update with Deputy Assistant Attorneys General

By Allen Carter on Categories: ABC's of Antitrust, Criminal Government Enforcement
DOJ’s Antitrust Division is headed by an Assistant Attorney General, who is assisted by several Deputies, referred to as DAAGs (Deputy Assistant Attorneys General).  In one presentation, the various DAAGs presented their view on the Division’s enforcement efforts, both civil and criminal. Continuing our series on the 2016 Spring Meeting, Allen summarizes their presentation so you … Continue Reading

FTC Breaks 100-Year Silence and Issues “Statement of Enforcement Principles”

By Jay L. Levine and Allen Carter on Categories: ABC's of Antitrust, Consumer Protection
On August 13, the FTC issued its “Statement of Enforcement Principles Regarding ‘Unfair Methods of Competition’ Under Section 5 of the FTC Act.” The 1-page policy statement provides a general framework for the Commission’s exercise of its “standalone” Section 5 authority to fight anticompetitive acts or practices. A bit of context might help to understand … Continue Reading

LegalZoom Kicks Off Antitrust Battle Against State Bar Associations

By Jared Klaus and Allen Carter on Categories: ABC's of Antitrust, Consumer Protection
State bar associations and other licensing boards were left like bleeding seals in shark-infested waters following the United States Supreme Court’s landmark decision this February in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101.  The decision held that a state agency controlled by active participants in the market … Continue Reading

FTC’s focus on ‘patent trolls’ not limited to competition concerns

By Jay L. Levine and Allen Carter on Categories: Consumer Protection
The FTC sent a message to “patent trolls” earlier this month, though how well that message will resonate remains to be seen. On Nov. 6, the FTC’s Bureau of Consumer Protection concluded its investigation into MPHJ Technology Investments, LLC’s practices involving its so-called “inquiry letters” by agreeing to accept a consent order. The consent order … Continue Reading

‘Patent troll’ cannot “derail” FTC investigation

By Jay L. Levine and Allen Carter on Categories: Antitrust & Intellectual Property
Have to give them an “A” for effort. “Patent troll” MPHJ Technology Investments, LLC sued the FTC hoping to shut down its investigation into the company because the investigation violated MPHJ’s First Amendment rights to petition. A West Texas federal judge recently ruled that MPHJ could not “derail” the FTC investigation with such a claim. … Continue Reading
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