In recent weeks, there have been several transformative developments that not only will profoundly impact antitrust and competition law but also shape the ability of so-called “Big Tech” to continue to dominate their...more
The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more
3/6/2024
/ Antitrust Provisions ,
Colorado ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Kroger ,
Merger Controls ,
Mergers ,
No-Poaching ,
State Attorneys General
This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more
11/2/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Board of Directors ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Notice of Proposed Rulemaking (NOPR) ,
Private Equity ,
Proposed Rules ,
The Clayton Act
On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more
Last week, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ) proposed 13 new federal guidelines for mergers and acquisitions—the first comprehensive update to the guidelines in over a decade and the...more
Republicans and Democrats have grown increasingly concerned about the power and influence of Big Tech. While both parties have been spurred to advance legislative remedies, their motivations for doing so are much different....more
On Feb. 4, 2021, Sen. Amy Klobuchar (D-MN) introduced sweeping legislation to amend the federal antitrust laws. The 56-page Competition and Antitrust Law Enforcement Act would, among other things, strengthen pre-merger...more
The Clinton DOJ attacked international cartels. The Obama DOJ prioritized merger enforcement. The Biden DOJ needs to focus on America’s monopoly problem.
Antitrust is like a three-legged stool, made up of criminal...more
On Feb. 2, 2021, the Federal Trade Commission announced the 2021 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), which decreased on a year-over-year basis for the first time...more
2/5/2021
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Earlier this year, the two federal antitrust agencies—the Federal Trade Commission (FTC) and the Department of Justice (DOJ)—issued Draft Vertical Merger Guidelines (“Guidelines”). The Guidelines are intended to assist the...more