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DOJ and FTC Enter Separate MOUs With the NLRB to Enhance Worker Protections and Competition in U.S. Labor Markets

In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National...more

Antitrust Scrutiny Intensifies Around Private Equity Healthcare Transactions

On June 3, 2022, Andrew Forman, Deputy Assistant Attorney General of the United States Department of Justice Antitrust Division (DOJ) publicly stated that the DOJ is considering “enhancing antitrust enforcement around a...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

FTC Announces New Increased HSR Filing Thresholds for 2022

On January 24, 2022, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more

U.S. Antitrust Agencies Announce Review of Merger Analysis Framework

On January 18, 2022, the U.S. Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) held a joint press conference to announce the launch of a broad‑ranging public inquiry aimed at...more

MoFo Competition: Antitrust Shifts You Need to Know

“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more

New FTC Policy Restricts Future Acquisitions for Some Merging Parties

On October 25, 2021, the Federal Trade Commission (FTC or Commission) adopted a new policy requiring merging parties that enter into settlements to resolve competition concerns to give the FTC veto power over future deals in...more

Charting A New Course For Antitrust: President Biden’s Executive Order Promoting Competition In The American Economy

On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more

Senate Passes Bill To Increase HSR Filing Fees For Large Transactions

On June 6, 2021, the U.S. Senate passed the Merger Filing Fee Modernization Act of 2021. Co-sponsored by Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA), the bill would increase filing fees for certain large...more

AMG Capital v. FTC – SCOTUS Strips The FTC Of A Critical Enforcement Tool

In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court...more

FTC Announces Temporary Suspension Of Early Termination

On February 4, 2021, the Federal Trade Commission (FTC) announced the temporary suspension of grants of early termination of the 30-day waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more

FTC Announces New Decreased HSR Filing Thresholds For 2021

On February 2, 2021, the Federal Trade Commission (FTC), the agency charged with administering premerger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), announced...more

DOJ Brings First Criminal Wage-Fixing Prosecution

The Antitrust Division of the Department of Justice (“DOJ”) recently announced its first-ever criminal wage-fixing prosecution. The DOJ likely intends this case to be a wake-up call to companies, executives, and HR...more

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel - 3rd Quarter 2020

Despite the ongoing coronavirus (COVID-19) pandemic, the work of antitrust enforcers has continued largely uninterrupted in the second half of 2020. The Department of Justice Antitrust Division (the “Division”) has announced...more

COVID-19 Antitrust Global Enforcement Agency Update

As the coronavirus (COVID-19) outbreak continues to unfold, antitrust enforcement agencies worldwide continue to adapt their policies and enforcement, balancing the need to be more permissive about corporations collaborating...more

Antitrust And Consumer Protection Compliance In The COVID-19 Pandemic Response

In response to COVID-19, collaboration and cooperation among competitors in various forms may be beneficial to society. While businesses must remember that antitrust and competition laws continue to apply and take care to...more

FTC Uses “Study Authority” To Review Prior Non-HSR Reportable Tech Transactions

On February 11, the Federal Trade Commission (FTC) announced that it issued Special Orders to five large technology companies requiring them to submit information related to their acquisitions during the past decade that were...more

New HSR Filing Thresholds For 2020

On January 28, 2020, the U.S. Federal Trade Commission (FTC), the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced...more

FTC & DOJ Provide Vertical Merger Guidance With Draft Guidelines

On January 10, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued draft Vertical Merger Guidelines for public comment. The draft guidelines outline potential theories of harm, the analytical...more

Uncharted Territory: U.S. Antitrust Enforcement in the Technology Sector

Antitrust scrutiny of technology companies in the United States has reached an unprecedented level of intensity. In the last several months alone, (1) the U.S. Department of Justice (DOJ) Antitrust Division and the Federal...more

FTC Hearings Examine the Antitrust Implications of Common Ownership

On December 6, 2018, the Federal Trade Commission (FTC) held the latest in its series of 10 public Hearings on Competition and Consumer Protection in the 21st Century, examining the antitrust implications of “common...more

FTC Announces that Owner of New York Knicks, Rangers Agrees to Pay Civil Penalty for HSR Act Violation

On December 6, 2018, the FTC announced that James Dolan, Executive Chairman and CEO of The Madison Square Garden Company (MSG), agreed to pay a $609,810 civil penalty to settle charges brought by the Federal Trade Commission...more

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