On January 10, 2025, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
1/14/2025
/ Antitrust Provisions ,
Competition ,
Compliance ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Reporting Requirements
Oil companies ordered to pay $5.6 million for exerting beneficial control before the expiration of the mandatory HSR waiting period.
On January 7, 2025, the Federal Trade Commission (“FTC”) filed and resolved a merger...more
1/10/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Violations ,
Beneficial Owner ,
Competition ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Mergers ,
Purchase Agreement
Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more
12/11/2024
/ Acquisitions ,
Affordable Care Act ,
Affordable Housing ,
Antitrust Provisions ,
Canada ,
Capital Formation ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Clean Air Act ,
Colleges ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Data Privacy ,
Department of Energy (DOE) ,
Department of Justice (DOJ) ,
Deregulation ,
Digital Assets ,
Drinking Water ,
Drug Pricing ,
Electric Vehicles ,
Energy Sector ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Exports ,
Federal Trade Commission (FTC) ,
Final Rules ,
Financial Services Industry ,
Food and Drug Administration (FDA) ,
Fraud ,
Greenhouse Gas Emissions ,
Healthcare ,
Imports ,
Infrastructure ,
Lead ,
Medicaid ,
Medicare Advantage ,
Mergers ,
Mexico ,
Money Laundering ,
NAFTA ,
National Institute of Health (NIH) ,
Nuclear Power ,
Offshore Drilling ,
Offshore Wind ,
Oil & Gas ,
PFAS ,
Popular ,
Social Media ,
Tariffs ,
Tax Cuts ,
Technology ,
Transparency ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA) ,
Universities ,
Waivers
In October, the Federal Trade Commission (FTC) unanimously voted to finalize changes to the premerger notification form and rules implementing the Hart-Scott-Rodino (HSR) Act. On November 12, that rulemaking was published in...more
On Thursday, October 24, 2024, a New York federal judge granted the Federal Trade Commission’s request for a preliminary injunction to halt the merger between Tapestry Inc. and Capri Holdings Ltd. The court held that the...more
Major New -
Requirements On October 10, 2024, the Federal Trade Commission (“FTC”) approved new rules for reporting mergers and acquisitions to the FTC and the Department of Justice (DOJ) under the Hart-Scott-Rodino...more
On August 20, 2024, the court in Ryan LLC v. FTC, pending in the Northern District of Texas, granted the plaintiff and intervenors’ motions for summary judgment. The court ruled that the FTC lacked statutory authority to...more
At present, the Federal Trade Commission’s (FTC) final rule on non-competes (the “Rule”) is set to go into effect on September 4, 2024 for virtually every for-profit employer in the United States.
Though legal...more
On April 23, 2024, the Federal Trade Commission (FTC), in a party-line vote, approved its final rule banning most non-compete agreements.
The final rule bans all non-competes nationwide, including de facto non-competes,...more
4/25/2024
/ Corporate Executives ,
Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
On January 22, 2024, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more
12/22/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
New Guidance ,
Sherman Act ,
The Clayton Act ,
Vertical Mergers
On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more
On June 27, 2023, the FTC and DOJ (the Agencies) jointly announced proposed changes to the HSR premerger notification form. The Notice of Proposed Rulemaking, which appeared in the Federal Register, includes provisions that...more
On Friday, February 3, DOJ announced that it is withdrawing three policy statements of antitrust guidance it has provided and that have been adopted by the healthcare industry for close to 30 years. The statements include...more
On January 23, 2023, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
In his 2021 Executive Order on Promoting Competition in the American Economy, President Biden called on the Federal Trade Commission (“FTC”) to “ban or limit non-compete agreements.” Last week, the FTC responded by taking...more
On November 10, 2022, the US Federal Trade Commission issued a new Policy Statement indicating that the current Commission plans to expand its use of Section 5 of the FTC Act. Such an expansion would constitute a significant...more
On January 24, 2022, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more
As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more
7/14/2021
/ Biden Administration ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
Rulemaking Process ,
Trade Secrets ,
Wage-Fixing
The White House announced today that President Joe Biden issued an expansive executive order designed to enhance competition across multiple sectors of the U.S. economy, including healthcare, technology, internet service,...more
After a years-long run of successfully challenging hospital mergers, the Federal Trade Commission (“FTC”) has voted to withdraw an appeal related to its attempt to block the merger of two healthcare providers in the greater...more
On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical...more
12/15/2020
/ Antitrust Division ,
Antitrust Violations ,
Civil Sanctions ,
Compliance ,
Criminal Sanctions ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Indictments ,
Investigations ,
No-Poaching ,
Wage-Fixing
On Monday, September 21, 2020, the Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Act of...more
On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more
On March 24, 2020, the Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission (the Agencies) issued guidance and outlined an expedited review process for companies seeking to work together...more