Antitrust Division business review procedure

CurrencyCurrent through May 31, 2023
Citation 28 C.F.R. §50.6

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4 firm's commentaries
  • A Moment of Clarity in the IBOR Transition: DOJ Antitrust Division Issues Business Review Letter Approving ISDA's Proposed Protocol for Derivatives
    • United States
    • JD Supra United States
    • October 7, 2020
    ...that the DOJ will sue if the proposed conduct is carried out. See DOJ, "Introduction to Antitrust Division Business Reviews" (citing 28 C.F.R. § 50.6.i). Nonetheless, particularly recently, when many businesses were forced to take bold and creative action to help preserve the U.S. economy d......
  • What Have We Learned So Far?
    • United States
    • JD Supra United States
    • July 21, 2020
    ...among competitors is limited to that necessary to accomplish the specified purpose of combatting COVID-19. Richard Landon Gregory Merz 28 C.F.R. §50.6. (The Federal Trade Commission has a similar business advisory process. See 16 C.F.R. §1.1.) A party seeking review must submit a request wi......
  • DOJ Issues Rare Unfavorable Business Review Letter Regarding Patent Licensing Pools
    • United States
    • JD Supra United States
    • May 21, 2013
    ...may be found here. Contact counsel if you have any questions regarding the IPXI Business Review Letter or its impact on your company. 28 C.F.R. § 50.6. The review results in an opinion letter advising the applicant of one of three positions: (1) DOJ does not currently intend to bring an enf......
  • Gleaning Insights from the Latest DOJ Guidance on Joint Licensing and Patent Pooling
    • United States
    • JD Supra United States
    • March 29, 2013
    ...offered on the primary market would be sold in three tranches, with the first two tranches discounted relative to the third, and 1 Under 28 C.F.R. § 50.6, the DOJ Antitrust Division may review proposed business conduct and state its enforcement intentions in the form of a business review le......
5 books & journal articles
  • Appendix A. Antitrust Guidelines for the Licensing of Intellectual Property
    • United States
    • ABA Antitrust Library Antitrust Issues in Intellectual Property Law. Second edition
    • May 7, 2024
    ...any particular transaction in which they are involved should consider seeking a Department of Justice business review letter pursuant to 28 C.F.R. § 50.6 or a Federal Trade Commission Advisory Opinion pursuant to 16 C.F.R. §§ 1.1-1.4. 3 See, e.g. , 35 U.S.C. § 154(a)(2), (c)(1) (2012); id. ......
  • Antitrust Guidelines for the Licensing of Intellectual Property
    • United States
    • ABA Archive Editions Library Antitrust issues in intellectual property law
    • June 2, 2016
    ...intentions with respect to any particular transaction should consider seeking a Department of Justice business review letter pursuant to 28 C.F.R. § 50.6 or a Federal Trade Commission Advisory Opinion pursuant to 16 C.F.R. §§ 1.1–1.4. See 35 U.S.C. § 154 (1988). Section 532(a) of the Urugua......
  • Preventing And Minimizing Antitrust Problems
    • United States
    • ABA Antitrust Premium Library Antitrust Health Care Handbook (5th ed. 2022)
    • May 7, 2022
    ...III (5th ed. 2015) (describing policies and procedures of the Antitrust Division for investigations and case development). 38. See 28 C.F.R. § 50.6. 39. See 16 C.F.R. § 1.1. For a discussion, see Guidance From Staff of the Bureau of Competition’s Health Care Division on Requesting and Preve......
  • Maximizing Value of Joint Inventions through Management Agreements, Patent Pooling, and Bundling Strategies
    • United States
    • ABA General Library The technology transfer law handbook
    • January 1, 2014
    ...in an effort to provide guidance in this complicated area. Available at http://www.justice.gov/atr/public/guidelines/290994.pdf. 31. See 28 C.F.R. § 50.6. 152 STEPHANIE ADAMANY The Department of Justice responded in a letter and concluded that the proposed model was likely to provide signii......
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