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FTC Challenges Merger Based on Potential Coordinated Effects Theory, Accepts Conduct Remedy

A recent enforcement action by the Federal Trade Commission (FTC) is particularly noteworthy because of the theory of potential harm and the accepted remedy....more

Commissioner Meador Dispels Myths About Antitrust Enforcement

On May 5, 2025, the newest Commissioner of the Federal Trade Commission (FTC), Mark R. Meador, spoke at the Second Annual Antitrust Conference at George Washington University....more

Trump Fires Two Commissioners and Solidifies Control Over FTC

On March 18, 2025, President Donald Trump removed the two remaining Democrats serving on the Federal Trade Commission (FTC), Rebecca Slaughter and Alvaro Bedoya....more

New HSR Premerger Notification Requirements Take Effect

The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more

New FTC Chairman Signals Change

Andrew Ferguson officially took over as Chairman of the Federal Trade Commission (FTC) on January 20, 2025. The former Solicitor General for the Commonwealth of Virginia was initially sworn in as an FTC Commissioner last...more

FTC Chairwoman Defends Agency’s Enforcement Record

Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....more

FTC and DOL Sign MOU for Cooperation

In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more

Beyond Civil Enforcement

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

FTC Makes Case for Increased Enforcement

The Federal Trade Commission (FTC) recently provided testimony to the House Committee on Appropriations, Subcommittee on Financial Services and General Government concerning its fiscal year (FY) 2024 budget request....more

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

Second Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, kicked off the second annual Spring Enforcers Summit in Washington, DC, on March 27, 2023....more

DOJ Continues to Emphasize Antitrust Merger Enforcement

The Deputy Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (DOJ), Andrew Forman, recently spoke to the American Bar Association’s Mergers and Acquisitions Committee at the Business Law...more

FTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC Act

The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more

Independent Physician Association Enforcement Not Forgotten

On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

FTC Commissioner Favors Fairness over Efficiency

On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more

Federal Trade Commission’s Focus on Pharmacy Benefit Managers

In early June, the Federal Trade Commission (FTC) exercised its authority under Section 6(b) of the Federal Trade Commission Act and launched an inquiry into prescription benefit managers (PBMs)....more

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

On January 28, 2022, a federal grand jury in Maine returned an indictment charging four managers of home health care agencies with participating in a conspiracy to suppress the wages and restrict the job mobility of Personal...more

FTC Loses Disgorgement Remedy Under 13(b) of the FTC Act

On April 22, 2021, the Supreme Court of the United States issued an opinion finding that the Federal Trade Commission (“FTC”) does not have the authority to order disgorgement (i.e., monetary relief) under Section 13(b) of...more

FTC Annual Review Shows Focus on Health Care

On March 25, 2021, the Federal Trade Commission (“FTC”) released its 2020 Annual Highlights report. The report’s statistics show that 46 percent of the Bureau of Competition’s enforcement actions related to the health care...more

A Private Right to Seek Divestiture Under Section 7 of the Clayton Act – from Theory to Reality

Section 7 of the Clayton Act (15 U.S.C. § 18) prohibits mergers and acquisitions where “the effect may be substantially to lessen competition, or tend to create a monopoly.” Although drafted in part to address potential...more

FTC Issues Advance Notice of Proposed Rulemaking

On September 21, 2020, the Federal Trade Commission (“FTC”) announced that it was issuing an Advance Notice of Proposed Rulemaking (“ANPRM”) related to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR”) and its...more

Department of Justice Issues Updated Merger Remedies Manual

On September 3, 2020, the U.S. Department of Justice (“DOJ”) updated its Merger Remedies Manual (“the Manual”). This is the first update of the Manual since 2011, and it reinforces DOJ’s commitment to effective structural...more

Almost Business as Usual for Antitrust Enforcers

Antitrust enforcers from the Federal Trade Commission (“FTC”), during a roundtable discussion at this year’s virtual spring meeting of the American Bar Association’s Antitrust Law Section, proclaimed that, with certain...more

Are Efforts to Speed Up Antitrust Merger Reviews Working?

Last September, Makan Delrahim, the Assistant Attorney General for the Antitrust Division of the Department of Justice (“DOJ”), announced efforts to streamline antitrust merger reviews with a stated goal of completing the...more

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