Antitrust News & Notes is a periodic report concerning recent developments, issues, and matters of interest in antitrust law and competition policy. To access your copy of the most current issue, follow this link.

This issue's articles:

• The Justice Department Concludes That the Submission of Material and Ordinary Course Contracts Violates the HSR Act
  The Department of Justice obtained civil penalties of $900,000 from Smithfield Foods, Inc. and Premium Standard Farms for failing to observe the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act) waiting period when Premium Standard submitted to Smithfield for approval ordinary course contracts, including price and quantity information, before the expiration of the HSR Act waiting period.
  
  
• District Courts Consider Whether to Extend Twombly to Affirmative Defenses
  We observe the extension of the U.S. Supreme Court's recent decisions on federal-court pleading standards to affirmative defenses.
  
  
• Geographic Market: Watch the Buyer
  When deciding whether plaintiffs have properly defined a relevant geographic market, courts look at the area where a buyer will attempt to purchase the relevant product.
  
  
• Health Insurance Companies May Lose Federal Antitrust Exemption
  As Congress continues to debate healthcare legislation, possible repeal of the McCarran-Ferguson antitrust exemption could affect both insurers and consumers.
  
  
• Thresholds Lowered Under the HSR Act
  The Federal Trade Commission adjusts HSR filing thresholds based on changes in the GNP. Effective February 22, 2010, the thresholds will be lowered for 2010.

For more information on these, or any other antitrust topics, please contact our Antitrust practice contacts. Visit our website to learn more about V&E's Antitrust practice.