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DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions

In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions...more

Antitrust Heads Offer Enforcement Insights to Legal Industry, Sidestepping Traditional ABA Gathering

Breaking from longstanding tradition, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) both recently withdrew their attendance and speakership from the American Bar Association...more

Gail Slater Confirmed to Lead DOJ Antitrust Division

Gail Slater was confirmed last week as Assistant Attorney General (AAG) for the Antitrust Division; companies should expect a continuation of many Biden-era approaches, with new cases and priorities to advance the Trump...more

The Scramble: 2024 Gaming Legal Year in Review

Wilson Sonsini is pleased to present The Scramble: Gaming Legal Year in Review 2024. This annual publication offers a retrospective look at the game industry’s legal landscape of the past year, showcases Wilson Sonsini’s...more

Enforcement Priorities of President Trump’s DOJ and FTC Begin to Take Shape

Now more than a month into President Trump’s second term, the Administration’s antitrust enforcement priorities have begun to take shape. Recent actions indicate that the Federal Trade Commission (FTC) and Antitrust Division...more

FTC Appoints New Bureau Directors: What to Expect from Directors Christopher Mufarrige and Daniel Guarnera

Federal Trade Commission (FTC) Chairman Andrew Ferguson has made two significant management decisions that will impact the trajectory of his enforcement agenda. On February 10, 2025, Chairman Ferguson appointed directors for...more

Expanded HSR Reporting Requirements Now in Effect

As of February 10, 2025, the new Hart-Scott-Rodino (HSR) reporting requirements that expand the volume of documents and information filing parties must submit to the Department of Justice and Federal Trade Commission (FTC)...more

“Beat Mist” Campaign Draws Scrutiny from DOJ in Merger Challenge

DOJ Follows Familiar Playbook in Merger Challenge Focused on “Hot” Documents - Following a familiar playbook and relying heavily on market share presumptions and “hot” documents describing close competition, the U.S....more

2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies

President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more

Gun-Jumping Violation Results in Record-Breaking Penalties

The Federal Trade Commission (FTC) has imposed a record-breaking $5.6 million fine on XCL Resource Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) to settle allegations that they engaged in...more

Seeing Double: Kroger/Albertsons Merger Blocked by Federal and State Courts

In parallel, same-day rulings, a federal and state court blocked The Kroger Company’s $24.6 billion proposed acquisition of the Albertsons Companies, Inc., relying on traditional antitrust analysis and evidence of...more

Old-Fashioned Approach Still Wins It for the FTC in Luxury Goods Merger Challenge

On October 24, 2024, to the surprise of many legal observers and fashion industry executives, the Federal Trade Commission (FTC) secured a preliminary injunction blocking a proposed $8.5 billion deal between Tapestry and...more

The New HSR Filing Regime: How Parties Can Prepare for Their Next Filing

The Federal Trade Commission (FTC) unanimously passed a landmark rulemaking that significantly alters reporting requirements under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976, as amended. Though less...more

FTC Sues Nation’s Largest PBMs, Continuing Biden Administration’s Antitrust Scrutiny of the Life Sciences Sector

The Biden administration’s antitrust scrutiny of the life sciences industry continued this week as the Federal Trade Commission (FTC) filed an administrative complaint against the nation’s largest pharmacy benefit managers...more

FTC Issues $1 Million Civil Penalty for HSR Act Violation

While companies wait for the new Hart-Scott-Rodino (HSR) Act filing requirements to be finalized, the Federal Trade Commission (FTC) made headlines by filing an enforcement action against and obtaining nearly $1 million in...more

Back to School: Antitrust Reminders for Due Diligence and Pre-Closing Conduct

Information exchanges and integration planning are a vital component of the due diligence process when companies are considering acquisitions, mergers, joint ventures, or any other business decision involving another party....more

Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

U.S., EU, and UK Competition Authorities Release a Joint Statement Highlighting Competition Risks in Generative AI and Other AI...

Competition authorities in the United States, the European Union, and the United Kingdom released a joint statement on competition in generative AI and other AI products, continuing the drumbeat that policymakers need to...more

"Chevron is overruled": How Loper Bright Will Change the Regulatory Law Landscape

In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s...more

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more

Antitrust Hits the Metaverse: FTC Sues to Block Meta Platforms, Inc. from Acquiring a VR Fitness App

Wilson Sonsini provides extensive and cutting-edge legal services for innovators, technology pioneers, and disruptors. As part of our focus on emerging technologies, our attorneys are publishing a series on applying and...more

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