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
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more
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
As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more
4/25/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Technology Sector ,
Trump Administration
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
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
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 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
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
Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC) hosted a public workshop to “examine the...more
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 December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more
On December 7, 2023, the White House announced a series of initiatives to “lower health care and prescription drug costs by promoting competition.” Citing increasing concentration in the health care industry among payers,...more
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
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
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
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 30, 2023 the U.S. District Court for the Northern District of Illinois granted a summary judgment motion filed by Hogan Lovells’ antitrust litigation team on behalf of its client Agri Stats, a company that provides...more
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
On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is...more