Key Points
- Strong antitrust enforcement is expected to continue, but without the use of the novel and untested legal theories that defined the Biden administration approach.
- Regulators are likely to continue to focus...more
Boards face a multitude of challenges, and opportunities, with the change in administrations. As we describe in the latest issue of The Informed Board, the new administration is forcing companies to reexamine their approaches...more
2/20/2025
/ Antitrust Provisions ,
Board of Directors ,
Corporate Governance ,
Department of Justice (DOJ) ,
Diversity ,
Enforcement Actions ,
EU ,
Executive Orders ,
Legislative Agendas ,
Multinationals ,
Regulatory Agenda ,
Regulatory Requirements ,
Supply Chain ,
Trump Administration
On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more
1/30/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Popular ,
Wage and Hour
The U.S. Department of Justice’s Antitrust Division recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Compliance Guidance). This latest iteration of the guidance largely...more
On December 10, 2024, President-elect Donald Trump selected Commissioner Andrew Ferguson to succeed Lina Khan as chair of the Federal Trade Commission (FTC). The same day, he announced his nomination of Mark Meador, a partner...more
On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more
6/3/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Request For Information
On December 18, 2023, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released the final 2023 Merger Guidelines (the Guidelines). While the final version of the Guidelines reflects...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more
11/14/2023
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Domestic Dealmaking ,
EU ,
Federal Trade Commission (FTC) ,
Investment ,
Investors ,
Mergers ,
Regulatory Agenda ,
Regulatory Oversight ,
Remedies ,
UK
Boards routinely confront an array of difficult issues. In this issue of The Informed Board, we tackle four of the thorniest and most topical:
- How to preserve the integrity of a deal process where a key fiduciary (say,...more
11/9/2023
/ Acquisitions ,
Artificial Intelligence ,
Board of Directors ,
Corporate Governance ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Fiduciary Duty ,
Information Sharing ,
Internal Investigations ,
Investment ,
Investors ,
IRS ,
Merger Controls ,
Mergers ,
Partnerships ,
Shareholders ,
Wealth Tax
The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines today, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more
In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more
12/1/2022
/ Anti-Competitive ,
Antitrust Division ,
Corruption ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
Monopolization ,
Section 2 ,
Sherman Act
As the Biden Administration enters its second year, the White House and antitrust enforcers at the Department of Justice (DOJ) and the Federal Trade Commission (FTC) continue to focus on the intersection between antitrust and...more
Over the course of his first six months in office, President Joe Biden has signaled a clear commitment to reinvigorate antitrust enforcement. On July 9, 2021, he took his most specific and comprehensive action on the subject...more
As anticipated, on June 15, 2021, the U.S. Senate confirmed Lina Khan’s appointment to the Federal Trade Commission (FTC). Unexpectedly, within hours of her confirmation, President Joe Biden named her FTC chair. Ms. Khan...more
U.S. and European antitrust agencies had similar enforcement priorities last year, a trend we expect to continue in 2014. Nonmerger enforcement will continue to focus on intellectual property, financial services and...more
1/30/2014
/ Anticompetitive Agreements ,
Antitrust Conspiracies ,
Antitrust Investigations ,
Antitrust Litigation ,
Class Action ,
Comcast v. Behrend ,
Conspiracies ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
FRAND ,
FTC v Actavis ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs ,
SCOTUS ,
Standard Essential Patents