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Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

Antitrust Without Effect: Some Recent Case Studies

The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

DOJ’s Health Care Task Force Brings Holistic Approach to Policy and Enforcement

The Antitrust Division of the U.S. Department of Justice (“DOJ”) last week announced the formation of a new task force to guide its enforcement strategy and policy approach to health care, with an apparent focus on industry...more

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more

FTC and DOJ Signal Increased Scrutiny of Private Equity Firms

The United States antitrust agencies continue to increase the pressure on private equity firms. The Federal Trade Commission (“FTC”) has amplified its position that rollups will get much harder looks, even if they are below...more

FTC Consent Decrees Underscore Skepticism and Scrutiny of Private Equity Firms

Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future...more

It’s Not Just the “Tech Giants” Who Should Be Paying Attention to the FTC’s New Technology Task Force

News of the Federal Trade Commission’s (FTC) plans to create a new task force focused on monitoring competition in U.S. technology markets is making headlines for the suggestion that the agency might seek to unwind already...more

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