Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2025, the United States is projected to generate 25% of its...more
8/13/2025
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Energy Sector ,
Federal Trade Commission (FTC) ,
FERC ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Popular ,
Premerger Notifications ,
Renewable Energy ,
Sherman Act
Parties to transactions should be aware of new requirements for state-level merger reporting – so-called “mini-HSR Acts” – modeled on the Uniform Antitrust Pre-Merger Notification Act (“UAPNA”). Washington and Colorado have...more
7/29/2025
/ California ,
Colorado ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Donnelly Act ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
New Legislation ,
Pre-Market Notification ,
Reporting Requirements ,
State Attorneys General ,
Threshold Requirements ,
Uniform Commercial Code (UCC)
One hundred days ago, sweeping revisions to the Hart-Scott-Rodino Act Premerger Notification Form took effect. The revisions have significantly increased the time and effort to prepare HSR filings and have led filing parties...more
On February 26, 2025, the Federal Trade Commission (“FTC”) announced the formation of a Joint Labor Task Force aimed at addressing deceptive, unfair, and anticompetitive practices impacting labor markets. The FTC signaled an...more
On February 10, Vinson & Elkins LLP’s Hill Wellford, co-chair of the firm’s antitrust group, and Kara Kuritz, an antitrust transactional partner, presented a PLI briefing “Antitrust in Transactions.” During their talk about...more
The Trump Administration’s antitrust enforcement priorities are beginning to take shape. On January 20, 2025, President Trump designated former Federal Trade Commission (FTC) commissioner Andrew Ferguson as the agency’s next...more
1/23/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Big Tech ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Free Speech ,
Mergers ,
Natural Resources ,
Non-Compete Agreements ,
Technology Sector ,
Trump Administration
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
The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more
1/14/2025
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Directors ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Section 8 ,
The Clayton Act
On Friday, January 10, 2025, the Chamber of Commerce, Business Roundtable, American Investment Council, and Longview Chamber of Commerce filed a complaint in the Eastern District of Texas against the Federal Trade Commission...more
1/14/2025
/ Administrative Procedure Act ,
Antitrust Provisions ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Regulatory Requirements
On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more
On December 11, 2024, the Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) jointly issued a statement withdrawing their Antitrust Guidelines for Collaborations Among Competitors. The...more
On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing long-anticipated revisions to the Hart-Scott-Rodino Act...more
10/17/2024
/ Antitrust Division ,
Board of Directors ,
Buyers ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Mergers ,
NAICS ,
Popular ,
Target Company
On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing the long-anticipated revisions to the Hart-Scott-Rodino Act...more
On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more
8/22/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants
As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more
On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This...more
On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more
The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more
1/25/2024
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
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 December 18, 2023, the Federal Trade Commission and U.S. Department of Justice (the “Agencies”) jointly released new Merger Guidelines (the “Guidelines”), setting forth the analytical framework the Agencies will use to...more
Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. Europe generated almost 40% of its electricity from renewable sources in...more
11/13/2023
/ Antitrust Provisions ,
Bid Rigging ,
Boycotts ,
CFIUS ,
Competition ,
Corporate Financing Rule ,
Department of Justice (DOJ) ,
EU ,
Federal Trade Commission (FTC) ,
FERC ,
Filed-Rate Doctrine ,
FIRRMA ,
Green Energy ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Hedging ,
Institutional Investors ,
Interlocking Directorate ,
Investors ,
ISOs ,
Merger Controls ,
Price-Fixing ,
Renewable Energy ,
Restructuring
On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law. The 172-page complaint...more
On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more
This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more
On June 27, 2023, the Federal Trade Commission (“FTC”), with the concurrence of the Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (together with the FTC, the “Agencies”), announced...more