On July 8, 2025, the U.S. Department of Justice, Antitrust Division (“Antitrust Division”) announced a new “Whistleblower Rewards Program” to incentivize individuals to report criminal antitrust violations and related...more
In recent years, both private plaintiffs and the government have increasingly scrutinized businesses’ use of “algorithmic pricing” software, leading to a wave of antitrust lawsuits and enforcement actions. These softwares,...more
The past two weeks have been quite busy in the world of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). First, on January 7, 2025, the Federal Trade Commission (FTC) announced a record $5.6...more
The FTC has finalized significant changes to the information and level of detail that will be required in premerger antitrust filings under the HSR Act. The new rules will take effect in early 2025.
Among other changes,...more
10/15/2024
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Infrastructure Investment and Jobs Act (IIJA) ,
Mergers ,
NAICS ,
Premerger Notifications
On December 18, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, “the Agencies”) jointly released a significant revision and expansion to the federal Merger Guidelines (the...more
The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...more
On December 7, 2023, the Biden Administration announced several new initiatives intended to “promote competition” in the health care sector. These initiatives reflect a broad range of concerns about rising costs in health...more
12/11/2023
/ Antitrust Provisions ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Price Gouging ,
U.S. Commerce Department
The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more
10/24/2023
/ Antitrust Division ,
Chamber of Commerce ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
NLRB ,
No-Poaching ,
Non-Compete Agreements ,
OSHA ,
The Clayton Act ,
Wage and Hour ,
Wage-Fixing
On July 19, 2023, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together, the Agencies) released a draft set of revised Merger Guidelines (the Revised Guidelines) to set forth the...more
On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, announced a wide range of significant proposed changes to the Hart-Scott-Rodino (HSR) pre-merger...more
The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more
On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more
2/7/2023
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Joe Biden ,
Safe Harbors ,
Sherman Act ,
Third-Party Service Provider
Recent activity and statements from the U.S. Department of Justice and Federal Trade Commission signal that the federal agencies are likely to be more aggressive in pursuing enforcement against what they identify as...more
Have you heard of the antitrust prohibition against “interlocking”? The terminology may be confusing, but the concept is simple: No person who serves as an officer or director of one corporation may simultaneously serve as...more
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
7/27/2022
/ Beverage Manufacturers ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FRAND ,
FTC Act ,
Healthcare ,
Manufacturers ,
Memorandum of Understanding ,
Mergers ,
NIST ,
NLRB ,
Pharmaceutical Industry ,
ROI ,
USDA ,
USPTO
In a keynote speech delivered to the American Bar Association’s Antitrust in Healthcare Conference in Arlington, Virginia on Friday, June 3, 2022, Deputy Assistant Attorney General Andrew Forman of the Department of Justice’s...more
In furtherance of President Biden’s Executive Order on Promoting Competition in the American Economy, on March 10, 2022 the United States Departments of Justice and Labor (DOJ and DOL respectively) signed a Memorandum of...more
As we have noted previously, on July 9, President Biden signed an Executive Order on Promoting Competition in the American Economy. Among many other things, this Executive Order calls on the Federal Trade Commission (FTC) to...more
Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more
9/27/2021
/ Biden Administration ,
Civil Investigation Demand ,
Common Ownership ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Endorsement Guidelines ,
Intellectual Property Protection ,
Monopolization ,
Omnibus Guidance ,
The Clayton Act ,
Vertical Mergers
The coronavirus pandemic has shocked the global economy, transformed industries, and upended our daily lives. Its effects will be felt for years. So, what do these changes mean for antitrust counseling? This article explains...more
6/9/2020
/ Collaboration ,
Collusion ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Global Economy ,
Hart-Scott-Rodino Act ,
Mergers ,
Moratorium ,
Price Gouging ,
State and Local Government ,
Trade Associations ,
Virtual Meetings
As the pandemic breathes life into some sectors and creates bankruptcies in others, some businesses continue to pursue strategic M&A deals. Some of these deals may receive antitrust scrutiny from the Department of Justice...more
Amid the national coronavirus emergency, the antitrust enforcement agencies remain open for business. However, like the rest of these country, these agencies—the Department of Justice (DOJ) and Federal Trade Commission...more
To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators, legislators,...more
In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more
4/12/2018
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more
3/28/2018
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Monopolization ,
No-Poaching ,
Sherman Act ,
The Clayton Act