On June 30, 2025, the US District Court for the District of New Jersey denied Apple’s Motion to Dismiss the U.S. Department of Justice’s (“DOJ”) lawsuit accusing the company of violating Section 2 of the Sherman Antitrust Act...more
Over the past few weeks, several Trump Administration antitrust enforcers at both the Federal Trade Commission (“FTC”) and U.S. Department of Justice Antitrust Division (“DOJ Antitrust”) have written or spoken about the...more
5/7/2025
/ Acquisitions ,
America First Trade Policy ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Mergers ,
Popular ,
Private Equity ,
Trump Administration
On April 1, the Department of Commerce (Commerce) launched a Section 232 investigation into the national security of semiconductor imports. On April 16, Commerce published a Request for Information (RFI) seeking public...more
4/21/2025
/ Artificial Intelligence ,
Biden Administration ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Export Controls ,
Fraud ,
National Security ,
Popular ,
Semiconductors ,
Trump Administration ,
U.S. Commerce Department
Following President Trump’s Executive Order on Reducing Anti-Competitive Regulatory Barriers, the FTC—led by Chairman Andrew Ferguson—launched a public inquiry this week into “how federal regulations can harm competition in...more
On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more
4/7/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Biden Administration ,
Collusion ,
Department of Justice (DOJ) ,
Hotels ,
Motion to Dismiss ,
Price-Fixing ,
Sherman Act ,
Software ,
Technology Sector ,
Trump Administration
The Department of Justice (DOJ), along with 38 state attorneys general, has backed away from part of its proposed remedy in the Google antitrust case that would have required Google to divest its AI investments and forgo...more
The Federal Trade Commission (FTC) announced Friday increased jurisdictional thresholds for (1) notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act), (2) the HSR Act filing fee schedule,...more
1/15/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
The Clayton Act ,
Threshold Requirements
On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more
As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more
11/20/2024
/ Algorithms ,
Amicus Briefs ,
Antitrust Litigation ,
Antitrust Provisions ,
Appeals ,
Artificial Intelligence ,
Class Action ,
Conspiracies ,
Contract Terms ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Landlords ,
Risk Assessment ,
Sensitive Personal Information ,
Sherman Act ,
Software
On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more
10/17/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Education ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Machine Learning ,
Social Media ,
Whistleblowers
The new HSR form, instructions, and implementing rules were announced yesterday and are set to take effect 90 days from publication in the Federal Register.
In June 2023 the FTC issued a NPRM, drafted alongside the DOJ,...more
On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges.
The...more
10/14/2024
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Copyright ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
G7 ,
Innovation ,
Regulatory Agenda ,
Transparency ,
UK
On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general...more
10/1/2024
/ Antitrust Litigation ,
Banks ,
Credit Cards ,
Department of Justice (DOJ) ,
Financial Transactions ,
Monopolization ,
Ohio v American Express ,
Popular ,
SCOTUS ,
Sherman Act ,
Visas
On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws....more
In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a...more
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more
8/8/2024
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Injunctive Relief ,
Negotiations ,
Neither Admit Nor Deny Settlements ,
Penalties ,
Sensitive Personal Information ,
Sports ,
Tunney Act
On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more
In early June, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached an agreement dividing responsibility over AI oversight. The FTC will oversee competitive concerns relating to major software...more
President Joe Biden’s fiscal year (FY) 2025 budget proposal includes hundreds of millions of dollars allocated towards executive branch AI efforts.
The budget proposal’s AI-related provisions can be sorted into three...more
3/29/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Department of Agriculture ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Budget ,
Fraud and Abuse ,
HUD ,
National Science Foundation ,
NHTSA ,
NIST ,
Research and Development ,
Risk Management ,
U.S. Commerce Department ,
U.S. Treasury
Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI.
In the speech, Monaco reiterated that there are no AI exemptions to the...more
3/15/2024
/ Artificial Intelligence ,
Compliance ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Market Manipulation ,
Price-Fixing ,
Sentencing ,
White Collar Crimes
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al.
In this SOI, the agencies...more
As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the...more
After over two years of consultation and review, on February 15, 2024, the Federal Trade Commission (FTC or Commission) finalized a rule prohibiting the impersonation of government agencies or businesses in matters “in or...more
The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC...more
On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more
12/29/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
Private Equity ,
Request For Information ,
The Clayton Act ,
Transparency ,
Vertical Mergers