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US Department of Justice Antitrust Division Introduces Whistleblower Reward Program to Encourage Disclosure of Antitrust...

On 8 July 2025, the US Department of Justice Antitrust Division (the Division) unveiled a new Whistleblower Rewards Program (the Whistleblower Program) that provides a significant monetary incentive—up to 30% of the recovered...more

FTC Issues Final HSR Rules Transforming the Merger Review Process

On 10 October 2024, the Federal Trade Commission (FTC) issued final changes to the rules implementing the Hart-Scott-Rodino Act (HSR). In announcing the final rule, the FTC stated that it is “responding to changes in...more

DOJ Speaks Again: Information Exchanges Can Constitute Stand-Alone Violation of Antitrust Laws

The US Department of Justice Antitrust Division (DOJ) continues to send strong warnings to companies sharing information outside of their organizations, including through third-party reporting services or pricing software,...more

DOJ Jettisons Its Last Criminal No-Poach Prosecution, but Antitrust Scrutiny of Labor Markets is Here to Stay

Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily...more

Antitrust and AI: US Antitrust Regulators Increasingly Focused on the Potential Anticompetitive Effects of AI

Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can...more

FTC Joins DOJ in Withdrawing from Long-Standing Health Care Antitrust Policy Statements

On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care...more

FTC and DOJ Release Draft of Updated Merger Guidelines: What this Means for Companies' M&A Plans Now and in the Future

After months of delays, on 19 July 2023, the United States Department of Justice Antitrust Division and Federal Trade Commission (collectively, the Agencies) released for public comment a draft update of their Merger...more

FTC and DOJ Propose Significant Changes to US Merger Review Process

Introduction - On 27 June 2023, the Federal Trade Commission (FTC) and the Department of Justice–Antitrust Division (DOJ) (collectively, the Agencies) announced sweeping proposed changes to the US-premerger notification...more

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

DOJ Antitrust Division Indicates Increased Scrutiny of Information Sharing and Use of Pricing Algorithms

On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced significant changes to its review of companies’ information sharing practices, withdrawing three policy statements that previously...more

DOJ Withdraws Long-Standing Health Care Antitrust Policy Statements

On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced its withdrawal of three long-standing antitrust policy statements related to enforcement in the health care industry. The policy...more

COVID-19: COVID-19 Crisis Increases Risk of Antitrust and Price Gouging Violations: Practical Guidance and Mitigation Strategies

The impacts of the COVID-19 pandemic are affecting nearly every industry around the world, creating unprecedented issues and challenges for businesses. Given these challenges, it is understandable if antitrust compliance is...more

COVID-19: Warning from the U.S. Department of Justice: Remain Compliant with Antitrust Laws During Coronavirus (COVID-19) Crisis

On March 9, 2020, the Department of Justice (“DOJ”) Antitrust Division released a public warning to the business community that they must remain compliant with U.S. antitrust laws in the midst of the global health and...more

Antitrust Agencies Release Draft Vertical Merger Guidelines: A Healthcare Perspective

The Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC”) recently released a draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984. ...more

Competition in U.S. Labor Markets: Non-Compete Clauses Increasingly Under Fire

I. INTRODUCTION - Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities....more

Antitrust Agencies Release Draft Vertical Merger Guidelines

The Department of Justice Antitrust Division and the Federal Trade Commission recently released a long-awaited draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984. ...more

Government Contractors Beware: DOJ Announces Creation of Interagency Procurement Collusion Strike Force

Over the past few years, the Department of Justice (“DOJ”) Antitrust Division (“Antitrust Division”) has made numerous comments about an increased focus on rooting out anticompetitive conduct in government procurement,...more

Got An Antitrust Compliance Program?

An Effective Program May Be More Valuable Than Ever Under A New DOJ Policy - The U.S. Department of Justice Antitrust Division (“Antitrust Division”) recently announced that it will now consider a company’s antitrust...more

DOJ Revises Corporate Compliance Guidance Calling Attention to Three Areas Where Most Companies Fall Short: Risk Assessments,...

On April 30, 2019, the U.S. Department of Justice (“DOJ”) Criminal Division revised its Evaluation of Corporate Compliance Programs Guidance Document (the “2019 Guidance”) to assist prosecutors in evaluating the effectiveness...more

DOJ Antitrust Division Provides Additional Insight on Its Analysis of No-Poach Agreements that May Be Subject to Criminal...

Since 2016, the U.S. Department of Justice Antitrust Division (“DOJ” or “Division”) has increased its enforcement focus on agreements between labor market competitors not to hire each other’s employees — also known as...more

“Modernizing Merger Reviews”: DOJ Antitrust Division Aims to Shorten Time and Increase Efficiencies of Merger Reviews with Process...

The U.S. Department of Justice Antitrust Division’s (“Antitrust Division”) Assistant Attorney General Makan Delrahim announced last week that the Antitrust Division is instituting a series of policy changes aimed at...more

“A Prescription for Competition”: DOJ Antitrust Division Affirms Its Enforcement Focus on the Healthcare Industry

The healthcare industry remains a “high enforcement priority” for the U.S. Department of Justice (DOJ) and the Federal Trade Commission, according to statements last week by a senior official in the DOJ’s Antitrust Division. ...more

Assistant Attorney General Announces that DOJ Antitrust Division is Building Criminal Cases Against Companies for Anti-Poaching...

The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more

Warning from the U.S. Antitrust Agencies: Remain Compliant with Antitrust Laws During Post-Hurricane Harvey and Irma Relief...

On September 12, 2017, the Department of Justice Antitrust Division and the Federal Trade Commission (collectively, the “Agencies”) released antitrust guidance for post-hurricane relief efforts in the aftermath of Hurricanes...more

HR Professionals Beware: Antitrust Violations in the Employment Arena May Subject Employers and their HR Personnel to Criminal...

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the “Agencies”) recently announced a policy shift in their enforcement priorities related to agreements among...more

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