The Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) recently announced a series of proposed merger settlement agreements that offer increased insight into how the agencies intend to use...more
7/24/2025
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Mergers ,
Non-Compete Agreements ,
Popular ,
Remedies ,
Settlement ,
Trump Administration
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
5/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Trump Administration
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
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
The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more
3/10/2025
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Labor Reform ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
On January 20, 2025, President Trump repealed the Biden Administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“Biden AI Order”) on the basis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
2/21/2025
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Innovation ,
Popular ,
Technology Sector ,
Trump Administration
Federal antitrust enforcement is entering a period of uncertainty in the second Trump administration. It is an open question what priorities Andrew Ferguson, the newly-appointed Federal Trade Commission (FTC) Chair, and Gail...more
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
1/13/2025
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
FTC Act ,
Hart-Scott-Rodino Act ,
Mergers ,
Section 5 ,
The Clayton Act ,
Trump Administration
On October 3, 2024 the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ or the Antitrust Division) participated in the G7 Competition Authorities and Policymakers Summit, which focused on...more
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
With the recent filing of an amicus brief in a private pharmaceutical patent infringement case, the Federal Trade Commission (FTC) has continued its focus on allegedly “improperly listed” patents in the Food and Drug...more
4/8/2024
/ Competition ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Hatch-Waxman ,
Life Sciences ,
Orange Book ,
Patents ,
Pharmaceutical Patents ,
Prescription Drugs ,
Section 5
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
On January 25, 2024 the Federal Trade Commission (FTC) hosted a Technology Summit focused on generative artificial intelligence (AI) and other innovative technologies to address how control over key inputs—like data, chips,...more
On 26 January 2024, the European Commission published a report on competition enforcement in the pharmaceutical sector, highlighting the role of EU competition law in safeguarding market participants and consumers,...more
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
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
9/1/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Popular ,
Vertical Mergers
On June 16, 2023 the Federal Trade Commission’s (FTC) Bureau of Competition (the Bureau) issued a statement outlining its view that the enforcement of certain contract terms “can impede the Bureau’s law enforcement...more
On June 1, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) released a summary of a workshop jointly held by the agencies in June 2022 titled “Future of...more
The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more
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
It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlines a “whole-of-government” approach to...more
8/5/2022
/ Antitrust Provisions ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Popular ,
USDA