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2025 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more

Business Groups Sue to Block Enforcement of New HSR Rule

On Friday, January 10, 2025, the Chamber of Commerce, Business Roundtable, American Investment Council, and Longview Chamber of Commerce filed a complaint in the Eastern District of Texas against the Federal Trade Commission...more

FTC and DOJ Withdraw Longstanding Competitor Collaborations Guidance

On December 11, 2024, the Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) jointly issued a statement withdrawing their Antitrust Guidelines for Collaborations Among Competitors. The...more

“No More Non-Competes,” Part Four: Texas Federal District Court Blocks FTC Noncompete Rule on Nationwide Basis

On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more

FTC and DOJ Release New Merger Guidelines

On December 18, 2023, the Federal Trade Commission and U.S. Department of Justice (the “Agencies”) jointly released new Merger Guidelines (the “Guidelines”), setting forth the analytical framework the Agencies will use to...more

Foundational Regulation: UK Competition & Markets Authority Outlines Vision for Competition Regulation of AI Foundation Models

On September 18, 2023 the UK Competition and Markets Authority (“CMA”) published its initial report regarding competition and consumer protection issues implicated by artificial intelligence (“AI”) foundation models (the “CMA...more

Generating Scrutiny: FTC Outlines Competition Concerns in Generative AI

On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more

Shifting Sands: DOJ Applies New Merger Enforcement Standards in Recent Lawsuit

On September 15, 2022, the Department of Justice (“DOJ”) sued to block ASSA ABLOY AB’s (“ASSA ABLOY”) proposed $4.3 billion acquisition of the Hardware and Home Improvement division of Spectrum Brands Holdings Inc....more

Back-to-Back Trial Losses Unlikely to Deter Antitrust Division’s Efforts to Take on Labor Market Prosecutions

In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more

DOJ's Aggressive Pursuit of 'No Poachers'

On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

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