In the months before the 2024 presidential election, we reported on the stated antitrust agendas of candidates Kamala Harris and Donald Trump. Now a few months into the second Trump administration, we review recent...more
4/24/2025
/ Antitrust Litigation ,
Antitrust Provisions ,
Big Tech ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Reviews ,
Non-Compete Agreements ,
Popular ,
Regulatory Reform ,
Trump Administration
The Antitrust Division of the Department of Justice (DOJ) announced in November updates to its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Enforcement (Antitrust Guidance), which provides insights...more
On January 10, 2025, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/16/2025
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act
On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more
As the 2024 presidential election approaches, the positions of Vice President Kamala Harris and former President Donald Trump on a variety of antitrust and consumer protection matters have come into focus. Over the last four...more
When the Federal Trade Commission (FTC) — with the concurrence of the Antitrust Division of the Department of Justice (DOJ) — published the Notice of Proposed Rulemaking to revise the rules for premerger notification under...more
On March 5, 2024, the Biden administration announced the launch of a “strike force” aimed at cracking down on unfair and illegal pricing practices. The strike force is one in a series of three new actions announced by...more
On January 26, 2024, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced updated guidance relating to parties’ obligations to preserve communications generated on ephemeral messaging platforms, such...more
On January 22, 2024, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/31/2024
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made no secret of their intentions to revamp antitrust enforcement and merger control efforts across wide swaths of the U.S. economy to curtail what...more
Congressional leaders continue to seek information from the U.S. Department of Justice (DOJ) concerning the DOJ’s efforts to enforce the Competitive Health Insurance Reform Act (CHIRA), which partially repealed the...more
With the May 16, 2022, confirmation of Commissioner Alvaro Bedoya, the Federal Trade Commission finally has a 3–2 Democratic majority and can move forward with Chair Lina Khan’s ambitious agenda.
The Commission majority...more
The Department of Justice Antitrust Division (DOJ) recently suffered significant losses in two criminal trials involving alleged criminal wage-fixing and related “no-poach” agreements by and between competitors. These were...more
During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more
Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more
On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more
1/26/2022
/ Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more
On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy (Order), a wide-ranging edict intended to promote competition in numerous sectors of the economy through 72 specific...more
Federal antitrust enforcers have long succeeded at unwinding consummated mergers. By contrast, private antitrust plaintiffs have not successfully forced companies to break up a completed acquisition. Until now.
On February...more
Just before leaving office, former President Trump signed the Competitive Health Insurance Reform Act (CHIRA) on January 13, 2021. Among other things, CHIRA amends the McCarran-Ferguson Act to repeal the federal antitrust...more
The Federal Trade Commission (FTC) announced a new temporary suspension of grants of early termination for Hart-Scott-Rodino (HSR) waiting periods, effective February 4, 2021, while the FTC and the Department of Justice...more
Former President Trump signed into law the Criminal Antitrust Anti-Retaliation Act of 2019 on December 23, 2020. The law prohibits employers from retaliating against employees who provide information to a superior, to a...more
On February 2, 2021, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) in the Federal Register. The revised thresholds,...more
2/4/2021
/ Acquisitions ,
Antitrust Division ,
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
In response to the COVID-19 pandemic, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) committed to providing the DOJ’s Business Review Letters (BRLs) and the FTC’s Advisory Opinions (AOs) on an...more