At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s...more
6/24/2025
/ Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Compliance ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Risk Management
The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more
1/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Bid Rigging ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Emergency Response ,
Energy Sector ,
Enforcement ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Monopolization ,
Natural Disasters ,
Non-Compete Agreements ,
Oil & Gas ,
Presidential Appointments ,
Renewable Energy ,
Statutory Authority ,
Trump Administration
Antitrust issues have cut deeply into the corporate landscape, and this year is shaping up for more of the same. Generative artificial intelligence, merger enforcement, and trial risks stand out as three of the most important...more
7/24/2024
/ Algorithms ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Machine Learning ,
Mergers ,
Risk Mitigation
For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more
1/15/2024
/ Antitrust Division ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Energy Commissions ,
Energy Sector ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Oversight Committee ,
Private Equity
On April 28, 2023, U.S. District Judge Victor A. Bolden issued the latest blow to the Department of Justice’s (“DOJ”) efforts to criminally prosecute individuals who engage in “no-poach” agreements by granting the defendants’...more
In a pair of unanimous decisions, the Federal Trade Commission this week issued consent orders resolving challenges to two acquisitions. Both enforcement actions focus on top priorities of the Biden antitrust enforcers...more
The Department of Justice (“DOJ”) recently signaled a possible shift in its antitrust merger review and remedies practice, moving away from a willingness to allow transactions to proceed through a divesture process....more
Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more
1/19/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
AMG Capital Management LLC v FTC ,
Antitrust Division ,
Big Tech ,
Chemicals ,
Competition ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Market Manipulation ,
Merger Controls ,
Mergers ,
No-Poaching ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Oil Prices ,
Pipelines ,
Price Inflation ,
Procurement Collusion Strike Force ,
Rulemaking Process ,
SCOTUS ,
Transparency ,
Vertical Mergers ,
Warning Letters
On December 2, 2021, the Federal Trade Commission (“FTC”) announced that it had filed an administrative complaint (the “Complaint”) to block Nvidia Corp.’s (“Nvidia”) $40 billion acquisition of U.K. chip design provider Arm...more
This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more
12/8/2021
/ Anti-Competitive ,
Antitrust Division ,
Burden of Proof ,
Cartels ,
Civil Investigation Demand ,
Compelled Testimony ,
Criminal Penalties ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Discovery ,
Federal Trade Commission (FTC) ,
Grand Juries ,
Injunctive Relief ,
Investigations ,
Monopolization ,
Raids ,
Sherman Act ,
The Clayton Act ,
Whistleblowers
On September 10, the newly-formed White House Competition Council (the “Council” or “Competition Council”) held its inaugural meeting, bringing together eight cabinet members and the leaders of seven independent agencies, to...more
9/30/2021
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Critical Infrastructure Sectors ,
Drug Pricing ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare Reform ,
Monopolization ,
Prescription Drugs ,
Unfair Competition
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
9/23/2021
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Class Certification ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Guidance ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
No-Hire/No-Solicitation Agreements ,
No-Poaching
Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more
9/8/2021
/ Administrative Appointments ,
Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Internet ,
Legislative Agendas ,
Monopolization ,
Non-Compete Agreements ,
Presidential Appointments ,
Regulatory Agenda ,
Rulemaking Process
With Lina Kahn the new chair of the FTC and Jonathan Kanter poised to helm DOJ’s Antitrust Division, are big changes afoot in antitrust enforcement? What role is fellow big tech critic and competition progressive Tim Wu, now...more
On July 20, 2021, President Biden nominated Jonathan Kanter, founder of the Kanter Law Group, to serve as Assistant Attorney General for the Antitrust Division at the Department of Justice (“DOJ”). Mr. Kanter is well known in...more
As has been well-publicized, on July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “EO” or “Order”).1 As the preamble articulates, the EO’s focus is to “promote the...more
7/19/2021
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Non-Compete Agreements ,
Popular ,
Procurement Collusion Strike Force ,
Railroads ,
Sherman Act ,
Surface Transportation Board
Antitrust activity in the energy and chemical sectors was steady and robust in 2020. Even though U.S. antitrust agencies witnessed the first year-over-year drop in total merger activity since 2012, the agencies investigated...more