What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more
11/4/2021
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Expansion of FTC's Interpretation of Its Antitrust Enforcement Authority -The Commission majority has reinvigorated a longstanding but dormant debate about the bounds of the FTC's authority under Section 5 of the FTC Act....more
President Biden recently signed an Executive Order on Promoting Competition in the American Economy (the "Order") outlining 72 initiatives by more than a dozen federal agencies to combat "excessive" corporate consolidation...more
The Federal Trade Commission (FTC) and two Dallas therapist staffing companies have settled charges that they conspired to fix the wages of contract therapists in violation of the federal antitrust laws. This is the FTC's...more
A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more