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DOJ Carries Through on Revitalization of Merger Remedies

Days after the Federal Trade Commission (FTC) reached its first divestiture settlement of the new Trump administration, the U.S. Department of Justice Antitrust Division (DOJ or the Division) followed through on Assistant...more

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions

In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions...more

Antitrust Heads Offer Enforcement Insights to Legal Industry, Sidestepping Traditional ABA Gathering

Breaking from longstanding tradition, the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) both recently withdrew their attendance and speakership from the American Bar Association...more

Gail Slater Confirmed to Lead DOJ Antitrust Division

Gail Slater was confirmed last week as Assistant Attorney General (AAG) for the Antitrust Division; companies should expect a continuation of many Biden-era approaches, with new cases and priorities to advance the Trump...more

Enforcement Priorities of President Trump’s DOJ and FTC Begin to Take Shape

Now more than a month into President Trump’s second term, the Administration’s antitrust enforcement priorities have begun to take shape. Recent actions indicate that the Federal Trade Commission (FTC) and Antitrust Division...more

FTC Appoints New Bureau Directors: What to Expect from Directors Christopher Mufarrige and Daniel Guarnera

Federal Trade Commission (FTC) Chairman Andrew Ferguson has made two significant management decisions that will impact the trajectory of his enforcement agenda. On February 10, 2025, Chairman Ferguson appointed directors for...more

2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies

President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more

Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

California Governor Gavin Newsom Vetoes Law Requiring Attorney General Approval for Certain Healthcare Investments

Last weekend, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129, which would have required healthcare investors to notify and obtain written consent from the California Attorney General (AG) before investing in...more

Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

U.S., EU, and UK Competition Authorities Release a Joint Statement Highlighting Competition Risks in Generative AI and Other AI...

Competition authorities in the United States, the European Union, and the United Kingdom released a joint statement on competition in generative AI and other AI products, continuing the drumbeat that policymakers need to...more

"Chevron is overruled": How Loper Bright Will Change the Regulatory Law Landscape

In a decision with far-ranging implications for federal administrative law, the United States Supreme Court issued its long-awaited ruling in Loper Bright Enterprises v. Raimondo (Loper Bright).1 The Supreme Court’s...more

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more

All Eyes on AI: Regulatory, Litigation, and Transactional Developments – Q1 2024

The firm is pleased to distribute the Q1 2024 edition of All Eyes on AI: Regulatory, Litigation, and Transactional Developments, which closely follows the evolving regulatory landscape for artificial intelligence (AI) in the...more

Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to...more

FTC Pioneers Novel Remedies in the Exxon/Pioneer Merger

On May 2, 2024, the Federal Trade Commission (FTC) announced a consent order in the matter of Exxon Mobil Corporation’s (Exxon) acquisition of Pioneer Natural Resources (Pioneer). The consent order is unusual in that the sole...more

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

California Considers Expanding State Antitrust Prohibitions

Big changes to California’s state antitrust law, called the Cartwright Act, may be in the works. These changes, if enacted, would represent a significant departure from current antitrust law, prohibiting otherwise lawful...more

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