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FTC and DOJ Suspend Early Termination Option for Hart-Scott-Rodino Filings; FTC Decreases Thresholds for Interlocking Directorates...

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

New Antitrust Whistleblower Statute May Enhance Criminal Enforcement Efforts

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

FTC Publishes Decreased Hart-Scott-Rodino Thresholds for 2021

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

Congress Passes Amendment to McCarran-Ferguson Act to Repeal Important Antitrust Exemption for Health Insurance Companies

While the bill discussed in this alert was passed by Congress on December 22, 2020, it was not enacted by the end of its Congressional session. It is possible this bill has been signed, but Congress has not yet been notified....more

DOJ Provides Further Guidance to Competitor Collaborations in Second Business Review Letter

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

Federal Antitrust Authorities Issue Warning Against Employer Collusion to Disadvantage Essential Service Workers

On April 13, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their Joint Antitrust Statement Regarding COVID-19 and Competition In Labor Markets (Joint...more

New DOJ Business Review Letter Provides Guidance to Competitor Collaborations in Wake of Global Pandemic

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

Federal Antitrust Authorities Offer Guidance to Businesses Eager to Assist With Coronavirus Pandemic

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) (and collectively, the agencies) issued on March 24, 2020 their Joint Antitrust Statement Regarding COVID-19 (Joint Statement) regarding their respective...more

Price Gouging Laws and COVID-19: Navigating Unprecedented Market Conditions

COVID-19 (commonly known as the coronavirus) continues to cause unprecedented disruptions to the economy and supply chains worldwide. Consumer preferences have shifted rapidly as well, placing unusual demand pressure on...more

Antitrust Laws Still Apply to Trade Association and Competitor Meetings During COVID-19 Outbreak

Businesses are taking drastic measures to protect consumers and employees during the COVID-19 (commonly referred to as the coronavirus) outbreak, and they are utilizing trade associations and other meetings with competitors...more

FTC Releases New Hart-Scott-Rodino Thresholds for 2020

On January 28, 2020, the Federal Trade Commission (FTC) published adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. Companies...more

DOJ, FTC Publish New Vertical Merger Guidelines for the First Time in 36 Years

On January 10, 2020, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published their Draft Vertical Merger Guidelines (Draft Guidelines). This was the first...more

The Insatiable American Antitrust Appetite: What Merger Retrospectives Could Mean for Growing Companies

Antitrust pressures are mounting for merging, growing and already-large companies as the Federal Trade Commission (FTC), Department of Justice (DOJ), congressional panels, presidential candidates and even the American public...more

Beware of Antitrust Risks When Settling Lawsuits With Competitors

Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more

FTC Increases Hart-Scott-Rodino Transaction Thresholds for 2019

On February 15, 2019, the Federal Trade Commission (FTC) published adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). Companies contemplating a merger should...more

In Effort to Increase Employees’ Bargaining Power, U.S. Senators Petition Federal Antitrust Agencies to Revisit Benchmarking...

On June 28, 2018, U.S. Senators Elizabeth Warren and Cory Booker sent a letter to the heads of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) requesting those agencies to revisit their guidance on...more

The End of Perpetual Consent Decrees: DOJ Announces New Antitrust Initiative

On April 25, 2018, the Department of Justice announced a new initiative to terminate over 1,000 open antitrust consent decrees. Modern antitrust consent decrees typically have a “sunset” provision in which an open judgment...more

Think Twice Before Exchanging Due Diligence Information With a Competitor

Competitors exploring mergers or acquisitions may find themselves under a microscope regarding what information they exchange in the process. On March 20, 2018, the Federal Trade Commission (FTC) reaffirmed its longstanding...more

When Does Your Transaction Require a Hart-Scott-Rodino Filing? FTC Announces Adjusted Thresholds for 2018

On January 29, the Federal Trade Commission (FTC) published increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The new thresholds represent an approximate 4...more

Corporate Agreements Not to Recruit Employees From Competitors Could Lead to Criminal Actions, Per DOJ Antitrust Chief

In a speech on January 19, the Department of Justice Antitrust Division’s chief antitrust enforcer, Makan Delrahim, said the Division is investigating and plans to pursue criminal actions against employers who have agreed not...more

DOJ Updates Answers to Frequently Asked Questions About Antitrust Division's Leniency Program

On January 17, 2017, the Department of Justice’s Antitrust Division (Division) issued the first update to its 2008 Frequently Asked Questions About the Antitrust Division’s Leniency Program and Model Leniency Letters (FAQ)...more

Amended Fred Meyer Guides Account for Rise of Online Business, Otherwise Remain Largely Unchanged

On November 10, 2014, the Federal Trade Commission's (FTC) first amendments in 20 years to the so-called Fred Meyer Guides will take effect. The Guides give direction to manufacturers, wholesalers and other suppliers seeking...more

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