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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

Fox Rothschild LLP

FTC Restricts Omnicom-IPG Merger to Prevent Viewpoint-Based Ad Bias

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The Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination...more

White & Case LLP

APAC Antitrust – 2025 so far

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Legislative reform remains active in the APAC region, with Australia’s mandatory merger control regime nearing finalization, China seeking to amend its anti-monopoly laws, and Indonesia proposing to bolster its agency and...more

Mogin Law LLP

California Antitrust Laws May Get Even Tougher Than U.S. Law

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California antitrust laws may be on the verge of a major transformation, with proposed changes that could significantly impact how businesses operate in the state, particularly in the digital sphere. ​At the request of the...more

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

A&O Shearman

Second Circuit Affirms Dismissal Of Luxury Brands’ No-Poach Suit

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On March 13, 2025, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting claims under Section 1 of the Sherman Act against a department store chain (the...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

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On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

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While algorithmic pricing has been used in many industries for decades, the rapid development of artificial intelligence (AI) technology has led antitrust enforcers—including federal agencies and state attorneys...more

Amundsen Davis LLC

New Merger Review Process: How to Prepare for Your Next Filing

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The Hart-Scott-Rodino (HSR) Act is a federal law that requires parties to a future business sale transaction to disclose certain information to determine that the transaction does not violate antitrust laws and harm...more

Wilson Sonsini Goodrich & Rosati

FTC's Bid to Stop Mattress Merger Put to Rest

The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more

Axinn, Veltrop & Harkrider LLP

New Trump Administration Files First Merger Lawsuit Seeking to Block HPE/Juniper

In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice (“DOJ”) Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company’s (“HPE’s”) proposed...more

Wilson Sonsini Goodrich & Rosati

Agency Guidance for Avoiding “Interlocking” Directors and Officers

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the U.S. Antitrust Agencies) have recently reinvigorated antitrust enforcement against company “interlocks”—i.e., when a director or...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

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Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

Hogan Lovells

Call in the Merger Cavalry – How new intervention powers are transforming merger control

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The ECJ’s Illumina/Grail judgment has curtailed the Commission’s direct oversight of certain transactions, thereby elevating the need for national "call-in" powers. These call-in regimes, which are proliferating both inside...more

Hogan Lovells

New HSR and interlocking directorate thresholds announced for 2025

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On 10 January 2025, the Federal Trade Commission (FTC) announced the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino...more

Morgan Lewis

FTC Raises Hart-­Scott-­Rodino Thresholds and Filing Fees for 2025

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The Federal Trade Commission (FTC) announced on January 10, 2025 that it will raise the Hart­-Scott­-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The increased thresholds will go into effect 30 days after...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

Hogan Lovells on

There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Vedder Price

FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties

Vedder Price on

The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping action in over a...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

Skadden, Arps, Slate, Meagher & Flom LLP

New UK Competition Regime Comes Into Force 1 January 2025

The United Kingdom’s (UK’s) Digital Markets, Competition and Consumers Act 2024 (the Act) expands the Competition and Markets Authority’s (CMA’s) jurisdiction in merger control, regulates major tech platforms with “strategic...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – September/October 2024

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

BCLP

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

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Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more

Morgan Lewis

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

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The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

HaystackID

FTC and DOJ Report on Merger Trends in 2023: A Year of Big Deals and Big Scrutiny

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The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have released the 2023 Hart-Scott-Rodino (HSR) Annual Report, offering key insights into merger activity over the past fiscal year. The report sheds light...more

Cooley LLP

DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty

Cooley LLP on

The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more

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