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May 2015 Archives

What are the elements of a contractual agreement?

In order for a contract to be recognized as existing and valid by law, there are four elements that need to be met. The first requirement is that one of the parties to the contractual agreement has agreed to either perform or refrain from performing a specific action or actions in the future.

Am I required to disclose my disability to my employer?

Whether or not an employee should report a disability that they have to their employer is entirely up to the individual. The law only requires an employer must provide reasonable accommodations to either employees or job applicants that suffer from a disability if they disclose their disability to the employer.

Two Louisiana healthcare systems partnering rather than merging

Companies joining together are commonplace in today's business world, and in some cases may make business sense. Typically, this is done through the merger and acquisition process, which can entail many legal complexities and regulatory issues. However, our readers may find it interesting to learn that Lafayette General Health has decided to join the Ochsner Health Network, and what is unique about this particular instance of two health organizations working together is that there is no official merger or acquisition taking place. Instead of a hostile acquisition of one company by another, the two companies have come to a mutual agreement to join forces in a long-term corporate strategy involving partnership.

What does the FTC consider anticompetitive or unfair competition?

One of the responsibilities that the Federal Trade Commission is tasked with is to be on the lookout for unfair business practices that serve to reduce competition in a free market economy. Specifically, some of the activities that the FTC monitors are anticompetitive business practices that can include, among other things, such actions as price fixing and group boycotts, as well as exclusionary exclusive dealing contracts.

How are mergers and acquisitions reviewed?

Mergers and acquisitions are normal yet complex business transactions that often take place in a healthy and thriving economy. However, certain mergers may create a monopoly with the potential to stem business competition in a free market. In order to prevent this from happening, Congress passed the Hart-Scott-Rodino Act which gave the Federal Trade Commission and the Department of Justice the right to review and oversee most business transactions that surpass a certain size.

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