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Washington, Colorado First States to Enact Uniform Antitrust Pre-Merger Notification Act

Washington and Colorado are the first two states to pass laws requiring certain parties to affirmatively submit their Hart-Scott-Rodino (HSR) filings to their states’ attorneys general. Both states passed laws modeled on the...more

New Administration Antitrust Push: DOJ, FTC to Identify Anticompetitive Government Regulations and Labor-Related Practices

In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...more

The New HSR Rule Is Effective, Increasing Filing Obligations

The much-anticipated new rule expanding the requirements for Hart-Scott-Rodino Act (HSR) filings went into effect Feb. 10, 2025. The rule, which is projected to lead to a substantial increase in the time and effort required...more

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

FTC Announces 2025 Thresholds for Hart-Scott-Rodino Premerger Filings and Fees

On Jan. 10, 2025, the Federal Trade Commission (FTC) announced its annual adjustments to the premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and to the filing fee thresholds under the Merger Filing Fee...more

FTC and DOJ Finalize Significant Changes to HSR Form

The Federal Trade Commission (FTC), with concurrence from the Antitrust Division of the U.S. Department of Justice (DOJ), finalized a new rule that significantly changes the form and accompanying instructions for premerger...more

Texas Federal District Court Sets Aside FTC’s Non-Compete Rule Nationwide

A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more

FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more

DOJ and FTC Issue New Merger Guidelines

On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers

On Feb. 3, 2023, the Department of Justice Antitrust Division (DOJ) announced that it has withdrawn what it considers to be “outdated” joint Federal Trade Commission (FTC) and DOJ guidance, including the 1996 Statements of...more

DOJ Considers Updated Guidance on Information-Sharing, as Part of Renters Bill of Rights

On Jan. 25, 2023, the White House announced President Joe Biden’s Blueprint for a Renters Bill of Rights and several related initiatives “to increase fairness in the rental market and further principles of fair housing.” The...more

FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act, parties to mergers clearing certain thresholds generally must...more

New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits

On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

Federal Trade Commission Announces 2022 Changes to Hart-Scott-Rodino Filing Thresholds

On Jan. 21, 2022, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more

FTC to Send Warnings That Companies Close “at Their Own Risk” Despite Waiting Period Expiration

On Aug. 3, 2021, the Federal Trade Commission announced that it has begun sending form letters alerting companies that have made Hart-Scott-Rodino Act (HSR) filings that, despite the expiration of the HSR waiting period, the...more

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...more

Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement

On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

FTC Announces Lower Hart-Scott-Rodino Filing Thresholds for 2021

On Feb. 1, 2021, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). For the first time in...more

FTC/DOJ Rule Would Enhance Premerger Reporting Requirements for Investment Funds

Investment funds may face enhanced premerger reporting requirements under a new rule jointly proposed by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ). Published Dec. 1,...more

DOJ, FTC Clarify Merger Review Analysis With New Vertical Merger Guidelines

On June 30, 2020, the Department of Justice and a divided Federal Trade Commission finalized new Vertical Merger Guidelines applicable to acquisitions and mergers that combine firms or assets at different stages of the same...more

DOJ, FTC Warn Against Employment Collusion That Harms COVID-19 Front-Line Workers

On April 13, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission issued a joint statement warning they are closely monitoring employer collusion....more

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