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
The economic turmoil of the past six months caused by everything from inflation to interest rate increases to supply chain disruption, not to mention large scale war in Europe, and then massive increases in the price of gas,...more
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
On January 24, 2022, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....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
This webinar will explore two intersecting trends:
1. The exploding growth of merger activity in the North American market, and
2. The recent regulatory "harbingers" indicating the quick onset of increased oversight and...more
On February 2, 2021, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....more
Trade associations serve many valuable purposes for employees and businesses alike. They serve as forums for professionals within a particular industry, subject to applicable legal parameters, to share knowledge and best...more
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
On February 27th, the Federal Trade Commission (FTC) and the Attorney General of the Commonwealth of Pennsylvania (AG) filed a lawsuit in federal court to challenge a proposed merger between two Philadelphia-area healthcare...more
On January 28, 2020, the Federal Register published an FTC notice with the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). Once the...more
1/30/2020
/ Acquisitions ,
Antitrust Division ,
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
Quick: Does your company have any insiders who either now or in the future may own $90 million or more in company stock? The CEO? The founder? A member of the board? If so, then now is the time for a crash course in the...more
11/5/2019
/ Antitrust Provisions ,
Board of Directors ,
CEOs ,
Compliance ,
Corporate Governance ,
Corporate Officers ,
Equity Compensation ,
Filing Fees ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Private Equity Firms ,
Publicly-Traded Companies ,
Restricted Stocks ,
Shareholders ,
Stock Options ,
Voting Securities
On March 4, 2019, the Federal Register published FTC notices with the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and...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
On January 29, 2018, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more
2/1/2018
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements ,
Voting Securities
On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more
In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more
4/1/2017
/ Airlines ,
Antitrust Division ,
Antitrust Investigations ,
Collusion ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Institutional Investors ,
Mergers ,
Price-Fixing ,
Shareholders ,
The Clayton Act