The June 2025 Quorum summarized recent actions by the Federal Trade Commission (“Commission” or “FTC”) and Department of Justice’s Antitrust Division (“DOJ”) indicating the Trump Administration’s rejection of the anti-merger...more
7/16/2025
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
Settlement ,
Trump Administration
The current leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (Antitrust Division or DOJ) (collectively, “antitrust agencies”) have signaled an intention to reject the...more
Effective July 27, 2025, any person that files a Hart-Scott-Rodino (HSR) Act Notification and Report Form (HSR Form) with the Federal Trade Commission (FTC) and the Department of Justice (DOJ) must also submit an electronic...more
Recognizing that “regulations that reduce competition, entrepreneurship, and innovation” are harmful to the U.S. economy, the Federal Trade Commission is seeking comment from the public on federal regulations that “exclude...more
The Federal Deposit Insurance Corporation (“FDIC”) is requesting public comment on its proposal to rescind its 2024 Statement of Policy on Bank Merger Transactions (“2024 Policy Statement”) and reinstate its prior Statement...more
3/13/2025
/ Antitrust Provisions ,
Bank Merger Act ,
Banking Sector ,
Banks ,
Competition ,
Department of Justice (DOJ) ,
FDIC ,
Financial Institutions ,
Financial Services Industry ,
Merger Controls ,
Mergers ,
Proposed Rules ,
Regulatory Reform
The Department of Justice (“DOJ”) has alleged in a complaint filed in the Southern District of New York on January 14, 2025 that KKR & Co. Inc. and certain of its investment advisors and funds (collectively, “KKR”)...more
Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) (“Guidance Document”), and issued Antitrust Guidelines...more
The Federal Trade Commission (“FTC”) has increased the dollar jurisdictional thresholds necessary to trigger the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and...more
The Department of Justice (Department or DOJ) considers the “adequacy and effectiveness of [a] corporation’s compliance program” as a factor in “conducting an investigation of a corporation, determining whether to bring...more
We reported last month that the district court in the northern district of Texas had “set aside” the Federal Trade Commission’s recently finalized rule prohibiting employers from entering into, and enforcing, non-compete...more
The information and documentary materials (filing requirements) necessary to complete the Hart-Scott-Rodino merger notification filing form have been significantly expanded. The new filing requirements will fall most heavily...more
The Federal Trade Commission’s (the FTC) rule prohibiting the entering into or enforcement of non-compete clauses between employers and employees (the Non-Compete Rule) made final in April 2024 and originally scheduled to go...more
The United States District Court for the Northern District of Texas (Dallas Division) has issued a preliminary injunction in favor of a plaintiff challenging the Federal Trade Commission’s (the “FTC” or the “Commission”)...more
The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...more
The Federal Trade Commission has adopted a final rule (“Rule”) declaring it to be an unfair method of competition:
With respect to a worker other than a senior executive: To enter into or attempt to enter into a...more
4/26/2024
/ Competition ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Notice Requirements ,
Restrictive Covenants ,
Unfair Competition
The European Commission’s (“Commission”) substantially revised Market Definition Notice (“Revised Notice”) will make it significantly easier for it to allege that mergers and other transactions (“mergers”) are likely to...more
The Federal Trade Commission (“FTC”) has announced its annual revisions to the dollar-jurisdictional thresholds in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”); the revised thresholds will...more