News & Analysis as of

Antitrust Provisions Biden Administration Regulatory Agenda

Vinson & Elkins LLP

Prior Approval Remedies in M&A: Agency Policy and Practice

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For twenty-five years prior to the Biden Administration, FTC and DOJ consent agreements have had a singular goal: to remedy the anticompetitive effects of proposed transactions. Under former Chair Khan, however, the FTC...more

Vedder Price

FTC and DOJ Affirm Commitment to Biden-Era Merger Guidelines

Vedder Price on

Federal Trade Commission Chairman Andrew Ferguson announced to FTC staff on February 18 that the FTC would retain the 2023 Merger Guidelines as the framework for reviewing mergers and acquisitions. Citing the need for...more

BakerHostetler

[Podcast] AD Nauseam: Khan Era Ends with Announcements and Drama

BakerHostetler on

On today’s episode of AD Nauseam, Amy and Daniel are back with special guest, Randy Shaheen, a fellow partner at BakerHostetler, to discuss the final week of Lina Khan’s role as chair of the Federal Trade Commission....more

Fenwick & West LLP

The Start of the Deal? What Antitrust Enforcement and M&A Will Look Like Under Trump’s Second Presidency

Fenwick & West LLP on

When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more

Axinn, Veltrop & Harkrider LLP

USITC Commissioner Series: Commissioner Schmidtlein is Stepping Down, Which Could Lead to More Tailored Exclusion Orders

On Thursday, January 16, 2025, the U.S. International Trade Commission (ITC) announced that Commissioner Rhonda K. Schmidtlein will step down on February 1, 2025. Commissioner Schmidtlein was sworn in on April 28, 2014 and...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

Vinson & Elkins LLP on

The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

Holland & Knight LLP

Commercial Aviation Regulatory Policies and Priorities in the Trump Administration

Holland & Knight LLP on

The incoming Trump Administration has strongly signaled its intent to narrow the role and scope of government regulation. Although aviation will always be subject to stringent and pervasive safety regulation, this post...more

Hicks Johnson

What Companies Should Know About the Biden Administration’s Antitrust Enforcement Campaign

Hicks Johnson on

On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72...more

Seyfarth Shaw LLP

Buckle Up: How Privacy Policy And Antitrust Enforcement Could Affect Automakers In 2023

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In a January 11, 2023 op-ed published in the Wall Street Journal, President Joe Biden urged “Democrats and Republicans to come together to pass strong bipartisan legislation to hold Big Tech accountable.” He warned that the...more

Womble Bond Dickinson

Private Equity Transactions Face Increased Antitrust Scrutiny

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Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

Wyrick Robbins Yates & Ponton LLP

Reading the Tea Leaves: Insights into FTC’s Areas of Focus from Chair Khan’s First Public Address

At the IAPP Global Privacy Summit, the Chair of the Federal Trade Commission, Lina Khan, gave her first public address since taking over as chair. Her remarks provide some key insights into the FTC’s areas of focus, including...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

Robins Kaplan LLP on

In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

Vinson & Elkins LLP

Three Takeaways from “Navigating the New Antitrust Enforcers”

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Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more

Proskauer - The Patent Playbook

President Biden’s Executive Order on Competition Signals Potential Changes Affecting Patents in the Healthcare Sector

On July 9, 2021, President Biden issued “Executive Order on Promoting Competition in the American Economy” (the “Executive Order”). The Executive Order was billed by the White House as “historic” and comparable to Teddy...more

Cadwalader, Wickersham & Taft LLP

The President’s Competition Order – One Week On

On July 9, 2021, President Biden issued an “Executive Order on Promoting Competition in the American Economy” (the “Order”).  The Order responds to what the President characterizes as a “failed experiment” in lax antitrust...more

Sheppard Mullin Richter & Hampton LLP

Nota Bene Podcast Episode 134: U.S. Q3 Check In: Infrastructure Bill Updates and Big Tech Antitrust with Elizabeth Frazee and...

As we enter the third quarter of 2021, we’re taking a look at anticipated legislative activities including President Biden’s infrastructure bill, the U.S-China trade war, and Big Tech antitrust issues. We’re joined by U.S....more

Womble Bond Dickinson

The Wu Khan Clan Enters the Battle Arena

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Columbia University Law Professor Tim Wu has written profoundly and persuasively for decades about anti-competitive behavior in the U.S. tech industry - from Western Union’s telegraph monopoly in the 1860s forward toward the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Lina Khan’s Appointment as FTC Chair Reflects Biden Administration’s Aggressive Stance on Antitrust Enforcement

As anticipated, on June 15, 2021, the U.S. Senate confirmed Lina Khan’s appointment to the Federal Trade Commission (FTC). Unexpectedly, within hours of her confirmation, President Joe Biden named her FTC chair. Ms. Khan...more

Amundsen Davis LLC

[Webinar] The Biden Administration: What Businesses Need to Know - More Regulation and Opportunities for Companies and Banking:...

Amundsen Davis LLC on

The Biden administration is signaling significant policy shifts. Business owners and C-Suite executives are encouraged to join us for a series of complimentary webcasts discussing these likely changes and how they will impact...more

Latham & Watkins LLP

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities

Latham & Watkins LLP on

With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

Skadden, Arps, Slate, Meagher & Flom LLP

2021 Insights: Biden Administration Priorities

Biden Administration Signals Its Intention To Be Tougher on Corporate Crime - The Biden administration has signaled its intention to bolster enforcement of corporate crime. Corporations should expect DOJ policies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

2021 Insights: Regulatory

Transition From Trump to Biden May Bring Less Change to Antitrust Enforcement Than Expected - Over the past four years, the DOJ's Antitrust Division and the FTC applied novel theories to increase scrutiny of vertical...more

Holland & Knight LLP

Healthcare Policy Outlook with a Democratic-Controlled Senate

Holland & Knight LLP on

The victories by Democrats Raphael Warnock and Jon Ossoff in the Georgia elections mean that incoming majority leader Chuck Schumer (D-N.Y.) will preside over the narrowest possible majority in the U.S. Senate under which...more

Akin Gump Strauss Hauer & Feld LLP

What's New in Washington - January 2021

As Senators-elect Reverend Raphael Warnock and Jon Ossoff are sworn-in after certification of the Georgia elections, Democrats are poised to assume the majority in the Senate, which, along with their control of the White...more

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