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Antitrust Litigation Federal Trade Commission (FTC)

Cornerstone Research

5 Questions with Joanna Tsai: Delivering Impactful Analysis in Mergers

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We interview Joanna Tsai, cohead of Cornerstone Research’s merger investigations practice, to gain her insights on delivering effective testimony in high-stakes cases, as well as the broader changes shaping competition...more

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Loeb & Loeb LLP

With Executive Order, President Trump Aims To Reshape College Sports

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This alert was developed with significant assistance and input from Lo Davis, Executive Director of Cavalier Futures Marketing Inc. On July 24, 2025, President Donald Trump signed an executive order titled “Saving College...more

Stinson LLP

FTC and DOJ Provide Critical Clarity on Passive Investment Rules Under Antitrust Law

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In a significant development for institutional investors, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have provided their first explicit statement confirming that engagement with companies on corporate...more

Perkins Coie

Emerging Antitrust Implications for "Fact Checking” Content

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Key Takeaways - A recent statement of interest from the U.S. Department of Justice focuses on “fact checking” efforts as potential antitrust violations due to the potential to suppress competition within the “marketplace of...more

Fenwick & West LLP

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

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As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties...more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Epstein Becker & Green

FTC Challenges Merger Based on Potential Coordinated Effects Theory, Accepts Conduct Remedy

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A recent enforcement action by the Federal Trade Commission (FTC) is particularly noteworthy because of the theory of potential harm and the accepted remedy....more

WilmerHale

Notes from the Multipolar Global Front: Navigating Multinational Antitrust Merger Reviews

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Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. ...more

Proskauer Rose LLP

FTC Focus: Enforcers Study AI Innovation And Entrenchment

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In today's digital age, artificial intelligence has become a household utility. It is hard to imagine anyone who hasn't heard of ChatGPT — from the pundit lamenting the impending obsolesce of the human workforce; to the...more

A&O Shearman

The Trump era DOJ and FTC: a return to merger remedies

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This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more

Morrison & Foerster LLP

Trump Antitrust Enforcers Stay the Course on Efficiencies

The Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together the “Agencies”) submitted a note about efficiencies in merger control in connection with a June 17, 2025 Organisation for...more

McCarter & English, LLP

Merger Remedies Are Back on the Menu

The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment

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On June 09, 2025, the United States District Court for the Northern District of Illinois denied a motion to dismiss filed by a manufacturer of agricultural equipment (“Defendant”) in a right-to-repair action brought by the...more

White & Case LLP

Navigating Antitrust Risks When Responding to Tariffs

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As companies consider their responses to tariffs, including potential price and supply chain adjustments, antitrust enforcers are scrutinizing competitor conduct. Recent enforcement warnings from both FTC and DOJ officials...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Vinson & Elkins LLP

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

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At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

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“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

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In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Goodwin

Antitrust and Competition Technology Update Q1 2025

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The first quarter of 2025 brought a surge of high-profile merger activity in the technology and artificial intelligence (AI) space, offering an early test of how antitrust regulators under the new Trump administration will...more

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Katten Muchin Rosenman LLP

FTC and DOJ Announce Listening Sessions on Lowering American’s Drug Prices

On April 15, 2025, President Donald Trump issued  Executive Order No. 14273, “Lowering Drug Prices by Once Again Putting Americans First, ” which outlines a series of targeted actions to lower prescription drug costs and...more

McDermott Will & Schulte

Antitrust Under Trump: June 2025 Updates

As the Trump administration’s antitrust landscape continues to develop, companies should stay alert to key changes in merger filing requirements, remedy expectations, agency personnel, and more. The Federal Trade Commission...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

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Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Patterson Belknap Webb & Tyler LLP

Update: FTC Drops In-House Challenge of Microsoft’s Activision Acquisition After Ninth Circuit Affirms Denial of Preliminary...

After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more

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