In the months before the 2024 presidential election, we reported on the stated antitrust agendas of candidates Kamala Harris and Donald Trump. Now a few months into the second Trump administration, we review recent...more
4/24/2025
/ Antitrust Litigation ,
Antitrust Provisions ,
Big Tech ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Merger Reviews ,
Non-Compete Agreements ,
Popular ,
Regulatory Reform ,
Trump Administration
The Antitrust Division of the Department of Justice (DOJ) announced in November updates to its 2019 Evaluation of Corporate Compliance Programs in Criminal Antitrust Enforcement (Antitrust Guidance), which provides insights...more
On January 10, 2025, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/16/2025
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act
On January 7, 2025, the Federal Trade Commission (FTC) announced a proposed settlement for crude oil producers XCL Resource Holdings, LLC; Verdun Oil Company; and EP Energy LLC to pay a record-breaking $5.6 million civil...more
On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more
The intersection between antitrust and environmental, social, and governance (ESG) initiatives continues to draw attention from regulators and lawmakers. While unilaterally and independently adopted ESG and sustainability...more
As the 2024 presidential election approaches, the positions of Vice President Kamala Harris and former President Donald Trump on a variety of antitrust and consumer protection matters have come into focus. Over the last four...more
When the Federal Trade Commission (FTC) — with the concurrence of the Antitrust Division of the Department of Justice (DOJ) — published the Notice of Proposed Rulemaking to revise the rules for premerger notification under...more
On July 3, 2024, plaintiffs in Ryan LLC v. Federal Trade Commission won their first significant victory in their noncompete case against the Federal Trade Commission (FTC) when Judge Ada Brown of the Northern District of...more
Last week, the Federal Trade Commission (FTC) voted in favor of its controversial final rule banning nationwide nearly all noncompete agreements. While the potential noncompete ban has been politically controversial since it...more
On March 5, 2024, the Biden administration announced the launch of a “strike force” aimed at cracking down on unfair and illegal pricing practices. The strike force is one in a series of three new actions announced by...more
On January 26, 2024, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced updated guidance relating to parties’ obligations to preserve communications generated on ephemeral messaging platforms, such...more
On January 22, 2024, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/31/2024
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On June 27, 2023, the Federal Trade Commission (FTC), in collaboration with the Department of Justice (DOJ) Antitrust Division, announced proposed changes to the Hart-Scott-Rodino (HSR) filing and notification form that...more
On February 3, 2023, the Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of several long-standing policy statements governing the exchange of certain information among competitors. The DOJ has no...more
On January 26, 2023, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/27/2023
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Tucked into the Consolidated Appropriations Act that President Biden signed in late December was the Merger Filing Fee Modernization Act of 2022 (Filing Fee Modernization Act). The Filing Fee Modernization Act makes...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made no secret of their intentions to revamp antitrust enforcement and merger control efforts across wide swaths of the U.S. economy to curtail what...more
With the May 16, 2022, confirmation of Commissioner Alvaro Bedoya, the Federal Trade Commission finally has a 3–2 Democratic majority and can move forward with Chair Lina Khan’s ambitious agenda.
The Commission majority...more
On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more
1/26/2022
/ Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more
On July 9, 2021, President Biden issued an Executive Order on Promoting Competition in the American Economy (Order), a wide-ranging edict intended to promote competition in numerous sectors of the economy through 72 specific...more
At a time when antitrust enforcers, federal legislators and courts are heavily focused on technology platforms and digital advertisers like Google and Facebook, on June 11, 2021, the Second Circuit vacated an administrative...more
Since the 1970s, the Federal Trade Commission has used its authority under Section 13(b) of the FTC Act to secure consumer redress for frauds and scams perpetrated on consumers. On April 22, 2021, the U.S. Supreme Court, in...more
The Federal Trade Commission (FTC) announced a new temporary suspension of grants of early termination for Hart-Scott-Rodino (HSR) waiting periods, effective February 4, 2021, while the FTC and the Department of Justice...more