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Washington, Colorado First States to Enact Uniform Antitrust Pre-Merger Notification Act

Washington and Colorado are the first two states to pass laws requiring certain parties to affirmatively submit their Hart-Scott-Rodino (HSR) filings to their states’ attorneys general. Both states passed laws modeled on the...more

Companies Moving Manufacturing to U.S. Must Be Careful of “Made in USA” Rule and Guidance

The Trump administration declared “Made in America” to be “an economic and national security priority of this Administration” and has taken steps through tariffs and other means to encourage American manufacturing. Companies...more

Trump’s DOJ Antitrust Head Gets to Work

On March 11, 2025, the U.S. Senate confirmed Gail Slater to lead the U.S. Department of Justice’s Antitrust Division. Slater received bipartisan support in her confirmation....more

The New HSR Rule Is Effective, Increasing Filing Obligations

The much-anticipated new rule expanding the requirements for Hart-Scott-Rodino Act (HSR) filings went into effect Feb. 10, 2025. The rule, which is projected to lead to a substantial increase in the time and effort required...more

Higher Education Institutions Cautioned Against Misleading Statements About External Service Providers

On Jan. 14, 2025, the U.S. Department of Education issued guidance through a Dear Colleague Letter that, if left in place by the new administration, could significantly expand Federal Student Aid program reviews, attorney...more

FTC Announces 2025 Thresholds for Hart-Scott-Rodino Premerger Filings and Fees

On Jan. 10, 2025, the Federal Trade Commission (FTC) announced its annual adjustments to the premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and to the filing fee thresholds under the Merger Filing Fee...more

FTC and DOJ Finalize Significant Changes to HSR Form

The Federal Trade Commission (FTC), with concurrence from the Antitrust Division of the U.S. Department of Justice (DOJ), finalized a new rule that significantly changes the form and accompanying instructions for premerger...more

Made in USA Claims Continue to Hold FTC’s Attention

On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more

FTC Issues Final Rule Banning Most Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements if it survives legal challenges from the U.S. Chamber of Commerce and other...more

FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more

DOJ and FTC Issue New Merger Guidelines

On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more

FTC Issues Largest Fine in Made in USA Enforcement — but Seeks to Collect Much Less

On Dec. 6, 2023, the Federal Trade Commission (FTC) announced a Decision Containing Consent Order (Proposed Order) against ExotoUSA LLC DBA Old Southern Brass and its owner, Austin Oliver....more

FTC Initiates Monopolization Lawsuit Against Roll-Up Acquisitions in Anesthesiology Markets

On Sept. 21, 2023, the Federal Trade Commission (FTC) brought a lawsuit in the U.S. District Court for the Southern District of Texas against US Anesthesia Partners (USAP), a large healthcare provider platform, and private...more

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more

FTC Continues Tough “Made in USA” Enforcement Even Where Labeling Rule Is Not Violated

On June 26, 2023, the Federal Trade Commission (FTC) announced an Agreement Containing Consent Order (Proposed Order) against a group of leather and other clothing accessories companies — Chaucer Accessories, Bates...more

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

FTC Issues Largest Fine in Made in USA Enforcement, Stopping Motocross Parts Company in Its Tracks

The Federal Trade Commission (FTC) continues to aggressively enforce its Made in USA Labeling Rule and Section 5 of the FTC Act and seek significant monetary penalties, this time in the market for motocross and all-terrain...more

Questions Surround Federal Trade Commission’s Authority to Issue Non-Compete Clause Rule

With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more

Made in USA? FTC and USDA Stand Ready to Check

The Federal Trade Commission (FTC) continues to enforce its Made in USA Labeling Rule, which has been in effect since Aug. 13, 2021. In August 2022, McGuireWoods reported some lessons learned from one year under the labeling...more

FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act, parties to mergers clearing certain thresholds generally must...more

Federal Trade Commission Proposes to Bar Almost All Non-Compete Agreements in Contracts With Workers

On Jan. 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements between employers and workers in most circumstances and require employers to rescind any existing non-compete agreements...more

New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits

On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

FTC Brings Fourth Enforcement Action Under Made in USA Labeling Rule

On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more

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