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Gail Slater Confirmed as Antitrust Head, Signaling Administration’s Commitment to Antitrust Enforcement

On Tuesday, March 11, 2025, the Senate confirmed Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice by a vote of 78-19. Slater has held positions at the Federal Trade...more

DOJ and FTC Withdraw Antitrust Competitor Collaboration Guidelines

The US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced on Wednesday the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors originally issued in 2000....more

Trump 2.0 - What To Expect In Antitrust Enforcement

In his return to the White House, President-elect Trump inherits an aggressive antitrust enforcement regime from the Biden administration – an enforcement regime that was born and developed in many respects during Trump’s...more

Courts Split on FTC’s Authority to Issue Noncompete Rule

July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC...more

Administration Launches Antitrust-Focused Strike Force

On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American...more

Executive Order on AI: Antitrust Issues

On Oct. 30, the White House issued Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Executive Order). In the wide-ranging Executive Order, the White House provides a road...more

FTC Takes Nontarget to Court in Robinson-Patman Act Investigation

There have been reports that the Federal Trade Commission (FTC) is leveraging the long-dormant Robinson-Patman Act as a basis for civil investigations into potential price discrimination by distributors in the alcoholic and...more

FTC and DOJ Jointly Propose New Merger Guidelines

On July 19, 2023, the FTC and the DOJ (collectively, the agencies) jointly released new draft merger guidelines. The agencies assert that the proposed guidelines will help them better assess the impact of proposed mergers...more

Baby Formula Shortage Subject of FTC Scrutiny

On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more

FTC Says Razor Thin Market Share Not Enough for Merger Clearance and What It Means for Disruptive DTC Brands

Last week, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Columbia against Procter & Gamble to enjoin the consumer goods company from acquiring New York-based...more

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more

When Harry's Met Schick: How Nascent Competition Theory Got in the Way of a Proposed Acquisition

On Feb. 3, the Federal Trade Commission (FTC) challenged Edgewell Personal Care’s proposed $1.37 billion acquisition of Harry’s. Edgewell owns Schick and another brand, making it one of the two leading manufacturers of wet...more

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