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Morrison & Foerster LLP

Algorithmic “Collusion” Theories: Check Out Time or Extended Stay? Ninth Circuit Affirms Complaint Dismissal As Algorithm Scrutiny...

On August 15, 2025, the Ninth Circuit affirmed dismissal of a putative class action alleging Las Vegas Strip hotels used Cendyn Group’s revenue management software to artificially inflate prices in violation of Section 1 of...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Clarifies (Somewhat) the Antitrust Risk of Pricing Algorithms

On August 15, 2025, the U.S. Court of Appeals for the Ninth Circuit raised the bar for bringing antitrust claims against companies that provide or use pricing algorithms. The decision begins to clarify an area of antitrust...more

Mintz

No Day But Today: Greystar Reaches Settlement Agreement with the Department of Justic in Realpage Algorithmic Pricing Case

Mintz on

Last August, we wrote about the Justice Department’s lawsuit against software developer RealPage, which alleged that the property management software company enabled rent collusion, through its revenue management product, in...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

McGuireWoods LLP

Trump’s DOJ Antitrust Head Gets to Work

McGuireWoods LLP on

On March 11, 2025, the U.S. Senate confirmed Gail Slater to lead the U.S. Department of Justice’s Antitrust Division. Slater received bipartisan support in her confirmation....more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

Morgan Lewis on

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

Hogan Lovells

Spring into 2025: Key Trends in Global Cartel Enforcement

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Despite geopolitical uncertainty and regime changes, global cartel enforcement has remained relatively steady over the last few years. That is not to say, however, that cartel investigations and private cartel enforcement...more

Amundsen Davis LLC

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

Amundsen Davis LLC on

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

WilmerHale

Antitrust and M&A: Is Everything Old New Again?

WilmerHale on

With every change in administration, businesses and practitioners wonder what the new administration will mean for antitrust enforcement in the United States. Speculation was at fever pitch four years ago, after Democratic...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

Troutman Pepper Locke on

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

Wilson Sonsini Goodrich & Rosati

2025 Year in Preview: Antitrust Trends and Key Decisions in Private Litigation

2025 promises a dynamic and challenging year for businesses as key antitrust cases set new precedent, private antitrust litigation will intensify, and legal battles evolve. In this first installment of the Wilson Sonsini...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

Morrison & Foerster LLP

Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

Morrison & Foerster LLP on

Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

Thomas Fox - Compliance Evangelist

10 Compliance Lessons Learned from the Telefónica Venezolana FCPA Enforcement Action

Last week, the Department of Justice (DOJ) announced a resolution of a Foreign Corrupt Practices Act (FCPA) enforcement action involving Telefónica Venezolana, the Venezuelan subsidiary of Telefónica S.A. (Telefónica)...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Summer Surge Foreshadows Enforcement Intrigue

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Morgan Lewis

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

Morgan Lewis on

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

HaystackID on

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

Sheppard Mullin Richter & Hampton LLP

U.S. Federal Antitrust Agencies Announce Cooperation Initiative with Labor Agencies in Merger Review

On August 28th, the Federal Trade Commission (the “FTC”) and the Department of Justice Antitrust Division (the “DOJ”) (the “Antitrust Agencies”), together with the Department of Labor (the “DOL”) and National Labor Relations...more

Wilson Sonsini Goodrich & Rosati

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

McDermott Will & Schulte

States Want in on the Merger Review Fun

While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the...more

Wilson Sonsini Goodrich & Rosati

FTC Pioneers Novel Remedies in the Exxon/Pioneer Merger

On May 2, 2024, the Federal Trade Commission (FTC) announced a consent order in the matter of Exxon Mobil Corporation’s (Exxon) acquisition of Pioneer Natural Resources (Pioneer). The consent order is unusual in that the sole...more

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