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Implementing Executive Order, FTC Calls on Public and Regulated Community to Identify Anticompetitive Regulations for Potential...

The second Trump administration has issued a slew of deregulatory measures aimed at turbocharging the reduction of regulatory bloat (EO 14192, requiring the repeal of 10 regulations for every new one issued), ensuring...more

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

10-for-1 Rule: EO Mandates Agencies Repeal 10 Regulations for Every New One, Signaling Supercharged Deregulatory Philosophy

On January 31, 2025, the White House unveiled Executive Order 14192, titled “Unleashing Prosperity Through Deregulation,” an ambitious directive aimed at reshaping the regulatory landscape by requiring agencies to repeal 10...more

New Merger Guidelines Cap Off a Year of Hostility to Employers — 2023 Closes With Antitrust Agencies’ Most Radical Foray Yet

The year in antitrust began apace on January 5 with the release of the Federal Trade Commission’s proposed rule banning all employer-employee noncompete agreements. At mid-year, the FTC and the Antitrust Division of the...more

When Referrals Are Felonies: Health Care Providers Should Review Their Referral Practices to Avoid the DOJ’s Wrath

The medical “referral” is, of course, part and parcel of the everyday work of our nation of specialized health care providers. Exclusive referral arrangements in which...more

The Latest “Hipster Antitrust” Battleground – Vertical Merger Enforcement

On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....more

DOJ Provides Even More Reason to Enhance (Or Create) Corporate Antitrust Compliance Programs

While the Department of Justice's enforcement and policy priorities change from administration to administration, one priority has not, dating to the Clinton era: The DOJ's Antitrust Division loves to prosecute price-fixing...more

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