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Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

DOJ and FTC Finalize New Merger Guidelines – What You Need to Know

On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new...more

Congress Increases Merger Filing Fees for Large Deals and Makes Other Significant Changes

Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) on December 22, 2022, and President Biden signed it into law on December 29, 2022. The Act significantly amends the Hart-Scott-Rodino Act (the “HSR Act”)...more

New Merger Guidelines – What Clues Can We Learn from the Public Comments?

The Biden Administration intends to reshape merger enforcement as part of its broader initiative to change U.S. antitrust law. In keeping with the Administration’s goals, the Federal Trade Commission (FTC) and the Department...more

We (Finally) Have a Senate-Confirmed Leader of the Antitrust Division: What Happens Next?

On November 16, 2021, the Senate voted 68–29 to confirm Jonathan Kanter as the Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ). Kanter’s confirmation is significant because the...more

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