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Corporate Counsel Antitrust Investigations

Morgan Lewis

Antitrust Scrutiny of ESG Initiatives by State Attorneys General Heats Up

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Recent actions by state attorneys general in Texas and Florida highlight rising antitrust scrutiny of environmental, social, and governance (ESG)-aligned investment strategies and climate disclosure groups. Companies with...more

Womble Bond Dickinson

Congress Ramping Up the Pressure on Antitrust Investigations

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Many organizations evaluate antitrust risk by considering potential investigation by the U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) or private action. However, firms should also consider that...more

WilmerHale

Washington Enacts Broad Premerger Notification Law: The Cutting Edge of State Merger Review

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On April 4, 2025, Washington became the first state to enact the Uniform Antitrust Premerger Notification Act (Model Act), requiring parties to certain notifiable transactions under the Hart-Scott-Rodino Antitrust...more

Holland & Knight LLP

The Expected Impact of the Election and Republican Control of Congress on the FTC

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The election of Donald Trump as president, combined with forthcoming Republican control of Congress, likely means significant change in how the Federal Trade Commission (FTC or Commission) is structured and approaches...more

Vedder Price

Takeaways from the Department of Justice’s November 2024 Corporate Compliance Program Guidelines

Vedder Price on

On November 12, 2024, the Antitrust Division of the United States Department of Justice (DOJ) published updated guidance for its Evaluation of Corporate Compliance Programs in Antitrust Investigations. First published in...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

Bennett Jones LLP

Revamped Competition Act Radically Alters Canadian Competition Law

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In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into...more

Wilson Sonsini Goodrich & Rosati

EU’s Top Court Rules That Competition Authorities Can Consider Data Protection Breaches in Their Investigations

In a landmark judgment issued on July 4, 2023, the European top court, the Court of Justice (ECJ), ruled that competition authorities in the EU can consider a company’s compliance with the EU’s data protection rules when...more

Fenwick & West LLP

With Microsoft Complaint, Lina Khan’s FTC Takes on Another Big Tech Gaming Deal

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On December 8, 2022, the same day that the Federal Trade Commission (FTC) delivered its opening arguments to a federal judge in California in the FTC’s bid to halt Meta’s acquisition of virtual reality gaming company Within,...more

Fenwick & West LLP

[Webinar] What Recent Antitrust Developments Tell Us to Expect in 2023 - January 11th, 11:00 am PT

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The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more

Wilson Sonsini Goodrich & Rosati

FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition...more

Wilson Sonsini Goodrich & Rosati

Antitrust and Private Enforcement: A Recent Judgment by EU’s Top Court Requires Defendants to Produce New Documents That Can Be...

On November 10, 2022, the European Court of Justice (ECJ) ruled that the disclosure of "relevant evidence" under Article 5(1) of the Damages Directive also covers evidence that does not exist and that the disclosing party...more

McDermott Will & Schulte

DOJ to Merging Parties: The Time of “Underenforcement” is Over; Fix-It-First or Risk Being Challenged

WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more

Mintz - Antitrust Viewpoints

In Divided 3-2 Vote, Federal Trade Commission Authorizes Three Omnibus Compulsory Process Resolutions

On August 26, 2022, the Federal Trade Commission (FTC) voted 3-2 to authorize two new omnibus resolutions permitting compulsory process and to revise a third, which was approved last year. These resolutions allow FTC staff to...more

ArentFox Schiff

Suspended PGA Tour Members File Suit Against PGA Tour

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On August 3, 2022, eleven suspended PGA Tour members filed a complaint in the United States District Court for the Northern District of California (the “Court”) against PGA Tour, Inc. (the “Tour”), alleging violation of...more

Perkins Coie

Pro Golfers Tee Off Antitrust Suit Against PGA Tour

Perkins Coie on

A group of 11 professional golfers launched an antitrust suit in the U.S. District Court for the Northern District of California against the PGA Tour, Inc. (the PGA Tour) on August 3, 2022...more

Fisher Phillips

An Employer’s FAQ Guide to the Antitrust Battle Between LIV Golfers and the PGA Tour

Fisher Phillips on

We bet you’re curious about the legal battle that has erupted between a group of high-profile golfers and the PGA Tour, centering around their relationship with a controversial Saudi-owned golf league and involving...more

Wilson Sonsini Goodrich & Rosati

DOJ Files Lawsuit to Block National Security Support Services Merger

On June 29, 2022, the U.S. Department of Justice (DOJ) filed a lawsuit seeking to block Booz Allen Hamilton Holding Corporation's (Booz Allen's) proposed acquisition of EverWatch Corp. (EverWatch). The DOJ's suit is unique in...more

McDermott Will & Schulte

FTC Takes Action Limiting Overbroad M&A Non-Compete

WHAT HAPPENED - • GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). • As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased...more

McGuireWoods LLP

DOJ Antitrust Division Adds Promptness Requirement to Leniency Program

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On April 4, 2022, the U.S. Department of Justice’s Antitrust Division announced significant changes to its flagship leniency program. Largely unchanged since 1993, the leniency program allows any member of a cartel, whether...more

Jones Day

EU Court Annuls Landmark European Commission "Abuse of Dominance" Antitrust Decision

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The EU General Court ("GC") annulled the European Commission's €1.06 billion antitrust fine imposed on Intel in 2009 for allegedly abusing its dominant position in x86 Central Processing Units ("CPUs") by offering loyalty...more

Ervin Cohen & Jessup LLP

FTC Announces Expansion of Compulsory Process Resolutions to Eight Areas

On September 14, 2021, the Federal Trade Commission (“FTC”) voted 3-2 to approve new compulsory process resolutions in eight areas. Compulsory process refers to the issuance of demands for documents and testimony, through...more

Vinson & Elkins LLP

Budget Requests As DOJ Enforcement Signposts — What We Can Learn About The DOJ’s Priorities From Its 2022 Budget Request

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On May 28, 2021, President Biden submitted his Budget for Fiscal Year 2022 to Congress, including $35.3 billion for the Department of Justice (“DOJ”), which was an overall increase of almost $4 billion from the previous...more

Wilson Sonsini Goodrich & Rosati

The Anthem-Cigna Merger Litigation Saga: Key Insights for Future Deals

On May 3, 2021, Anthem, Inc. secured its win over Cigna Corp.'s pursuit of a $1.85 billion breakup fee following the collapse of their proposed $54 billion merger. In a brief order, Justice Karen L. Valihura, writing for the...more

WilmerHale

Antitrust in 2020 - The Year To Date

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The first half of 2020 was a busy time for antitrust in the United States. The Department of Justice (DOJ) and the Federal Trade Commission (FTC) implemented expedited procedures for reviewing collaborations during the...more

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