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Corporate Counsel Antitrust Division The Clayton Act

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Secures a $1.1 Million Fine From Amedisys for Deficient Second Request Compliance

On August 7, 2025, the Antitrust Division of the U.S. Department of Justice (DOJ) — together with co-plaintiff attorneys general of Maryland, Illinois, New Jersey and New York (Plaintiff States) — filed a proposed settlement...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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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

Foley & Lardner LLP

FTC Blocks Interlocking Directorate and Makes Good on Its Commitment to Pursue Purported “Unfair Methods of Competition” as...

Foley & Lardner LLP on

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the same action, the FTC mounted its first...more

Vinson & Elkins LLP

Massachusetts Federal Judge Finds That Joint Venture Between American Airlines and JetBlue Serving the Northeast Violates...

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On Friday May 19, 2023, Massachusetts Federal District Judge Leo T. Sorokin found that the partnership between JetBlue and American Airlines (“American”), known as the “Northeast Alliance” or “NEA,” harmed competition in the...more

Troutman Pepper Locke

Fore! Professional Golf Investigation is Driver of New Antitrust Theories

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As a sport, golf has rarely, if ever, been described as "cutting edge." But in the courtroom, golf may be at the forefront of the latest antitrust developments. In the coming months, the legal war unfolding in professional...more

Foley & Lardner LLP

How To Assess Interlocking Directorates In Antitrust Ramp-Up

Foley & Lardner LLP on

Recent activity and statements from the U.S. Department of Justice and Federal Trade Commission signal that the federal agencies are likely to be more aggressive in pursuing enforcement against what they identify as...more

Fenwick & West LLP

Tech Companies Bear the Brunt of DOJ Push on Interlocking Directorates

Fenwick & West LLP on

The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more

McDermott Will & Schulte

Seven Corporate Directors Resign: DOJ Ramps Enforcement Against Board Members Serving on Competitors’ Boards

McDermott Will & Schulte on

WHAT HAPPENED - • Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. § 19) by the US Department of Justice (DOJ), Antitrust Division (the Division), the...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

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On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

The Volkov Law Group on

The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Wilson Sonsini Goodrich & Rosati

Private Equity in the Antitrust Spotlight

For at least the third time in recent months, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, "the agencies") have signaled increased scrutiny of the private equity industry,...more

Vinson & Elkins LLP

Biden’s 2023 Budget Showcases DOJ Enforcement Priorities and Heightened Government Interest in Prosecuting Antitrust,...

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A review of President Biden’s proposed Budget (“Budget”) for 2023 spotlights the enforcement priorities of the president’s Justice Department as the administration enters its third year. ...more

Faegre Drinker Biddle & Reath LLP

DOJ Antitrust Chief Previews Additional Antitrust Scrutiny for Interlocking Directorates

During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more

McDermott Will & Schulte

Kanter Signals DOJ to Follow FTC Lockstep, Calls for Substantial Change to Competition Enforcement Approach

In remarks delivered on January 18, 2022, and January 24, 2022, Jonathan Kanter, the Assistant Attorney General (AAG) for the US Department of Justice (DOJ) Antitrust Division, laid out the areas where he perceives...more

Wilson Sonsini Goodrich & Rosati

FTC Loses the First Round of the Altria/JUUL Merger Litigation

The Federal Trade Commission (FTC) has lost the first round of its challenge to Altria Group, Inc.’s (Altria) $12.8 billion acquisition of a 35 percent stake in JUUL Labs, Inc. (JLI). On February 17, 2022, an agency...more

Faegre Drinker Biddle & Reath LLP

DOJ’s Concerns on Board Appointments Are Reminder of Importance of Interlocking Directorate Compliance

The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more

Faegre Drinker Biddle & Reath LLP

Groundbreaking Fourth Circuit Decision Upholds Private Plaintiff’s Successful Effort to Unwind a Consummated Merger

Federal antitrust enforcers have long succeeded at unwinding consummated mergers. By contrast, private antitrust plaintiffs have not successfully forced companies to break up a completed acquisition. Until now. On February...more

Orrick - Antitrust Watch

Companies, Board Members and Officers Take Note: U.S. Antitrust Agencies Are Focused on Interlocking Directorates

The FTC and the DOJ Antitrust Division have again warned companies, along with their board members and officers, of the legal prohibition on interlocking directorates: when an individual, or an organization’s agent(s),...more

Cooley LLP

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

Cooley LLP on

As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Fall 2018

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To provide a quick overview of developments in criminal antitrust investigations and prosecutions, in the U.S. and globally, we summarize below some of the most significant Department of Justice (“DOJ”) announcements, policy...more

Bracewell LLP

Latest Developments to Affect Antitrust M&A

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The past month has seen interesting developments in the antitrust M&A arena, including the first ever successful private antitrust merger challenge resulting in a divestiture order, and the announcement by the Department of...more

McDermott Will & Schulte

THE LATEST: Trump DOJ’s Next Target: the Illinois Brick Indirect Purchaser Rule?

In the course of one week, two top level DOJ Antitrust officials in the Trump Administration separately spoke at panels and suggested the possibility of a sea change in federal antitrust law with respect to indirect purchaser...more

McGuireWoods LLP

Look Before You Leap: Cautionary Tale of a Non-Reportable Transaction

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The list of non-reportable transactions challenged after the fact by the Department of Justice and the Federal Trade Commission continues to grow. Most recently, the FTC sued Valeant Pharmaceuticals International Inc. to...more

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