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New DOJ Antitrust Division whistleblower program to offer monetary awards for reports of criminal antitrust violations

The Department of Justice Antitrust Division (DOJ Antitrust Division) has announced that it is launching a Whistleblower Rewards Program that will offer monetary awards to individuals who report antitrust crimes. The new...more

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

DOJ Antitrust Chief outlines “America First Antitrust” philosophy

In a speech at Notre Dame Law School on April 28, 2025, Gail Slater, Assistant Attorney General (AAG) for the Department of Justice (DOJ) Antitrust Division, provided a detailed summary of her approach to antitrust...more

DOJ Antitrust Division creates task force to target anticompetitive laws and regulations

Under the leadership of recently-appointed Assistant Attorney General (AAG) Gail Slater, the Department of Justice Antitrust Division (“DOJ” or “the Division”), has announced the launch of the Anticompetitive Regulations Task...more

Shakeup at the FTC: Agency enters uncharted territory following President Trump’s firing of Democratic Commissioners

On March 18, 2025, President Donald Trump fired the two remaining Democratic Commissioners on the Federal Trade Commission (FTC), Rebecca Kelly Slaughter and Alvaro Bedoya. Their firing sets the stage for a potential...more

AI & Antitrust in the Second Trump Term

On January 20, 2025, President Trump repealed the Biden Administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“Biden AI Order”) on the basis that it “hinder[ed]...more

Antitrust Year in Review and a Look Ahead to 2025

There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Federal judge in Washington applies per se treatment for algorithmic price-fixing claims

In an update to our prior report on the evolving antitrust landscape for algorithmic pricing, a federal judge in Washington recently denied a motion to dismiss claims that a group of multifamily rental property managers...more

DOJ targets algorithmic pricing in new antitrust suit – implications and key takeaways

On August 23, 2024, the Department of Justice (DOJ) and eight states filed a civil complaint in federal court in North Carolina alleging that real estate services company RealPage violated U.S. antitrust law by using data...more

FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...more

DOJ and FTC update Second Request guidance to address the use of ephemeral messaging applications

On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory...more

DOJ lays out per se theory of liability for price fixing using algorithms

In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These...more

Competition considerations featured in President Biden’s Executive Order on Artificial Intelligence

On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order, which recognizes AI’s extraordinary potential but also the...more

FTC and DOJ officials offer additional commentary on draft merger guidelines

On September 5, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (the Agencies) hosted the first of three planned workshops intended to “facilitate public dialogue” on the 2023 FTC and DOJ Draft Merger...more

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

FTC and DOJ publish long-awaited draft of proposed merger guidelines

On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more

DOJ secures first criminal attempted monopolization conviction in decades

On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act...more

DOJ Antitrust Division cracks down on interlocking directorates

On 19 October 2022, the Antitrust Division of the US Department of Justice (the Division) announced that seven directors have agreed to resign from the boards of directors of five companies in response to the Division’s...more

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