News & Analysis as of

Enforcement Biden Administration Federal Trade Commission (FTC)

Cadwalader, Wickersham & Taft LLP

U.S. Antitrust Agency Merger Roundup & Commentary: FTC Reverses Routine Use of Prior Approval Requirements in Merger Settlements,...

The June 2025 Quorum summarized recent actions by the Federal Trade Commission (“Commission” or “FTC”) and Department of Justice’s Antitrust Division (“DOJ”) indicating the Trump Administration’s rejection of the anti-merger...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

DLA Piper on

In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Hogan Lovells

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

Hogan Lovells on

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

Vinson & Elkins LLP

2024 Chemicals & Energy Antitrust Report

Vinson & Elkins LLP on

The re-election of former President Donald J. Trump is poised to significantly alter the landscape of antitrust enforcement, particularly within the energy and chemical industries. While the incoming administration has yet to...more

Perkins Coie

FTC’s Last Attempt To Revitalize the RPA?

Perkins Coie on

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits (Southern)—the largest wholesale distributor of wine and spirits in the country—in the U.S. District Court for the Central...more

Holland & Knight LLP

Safeguarding Health Information: Takeaways from HHS and NIST 2024 HIPAA Security Conference

Holland & Knight LLP on

President Ronald Reagan famously quipped, "I think you all know that I've always felt that the nine most terrifying words in the English language are: I'm from the Government, and I'm here to help."1 At an Oct. 23-24, 2024,...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Competition Crosshairs on the Food and Beverage Industry: DOJ and FTC Priorities in a Changing Administration - November...

Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission (“FTC”) and Department of Justice,...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

BakerHostetler

The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next

BakerHostetler on

On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more

Cadwalader, Wickersham & Taft LLP

The Biden Administration’s “Extensive Review of Interlocking Directorates Across the Entire Economy” May Put Your Board...

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Vinson & Elkins LLP

White House’s “Strike Force on Unfair and Illegal Pricing” Advances an Old Antitrust Agenda Under a New Name

Vinson & Elkins LLP on

On March 5, 2024, the White House announced the establishment of a new “Strike Force on Unfair and Illegal Pricing” (the “Strike Force”) stating that the Biden administration will hold accountable “corporations . . . when...more

Proskauer - Minding Your Business

President Biden Announces New Price Fixing “Strike Force”: Government Continues Antitrust Crusade

Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

HaystackID

Collusive Algorithms? Understanding the Antitrust Implications of Digital Consensus

HaystackID on

Editor's Note: "Collusive Algorithms? Understanding the Antitrust Implications of Digital Consensus" provides a timely exploration into the antitrust challenges posed by algorithmic consensus in the digital age. This article...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

WilmerHale

2024 Privacy Law Preview

WilmerHale on

As we have detailed previously, 2023 was a landmark year for privacy law, featuring numerous developments at the federal, state and international levels, ranging from newly enacted statutes to massive regulatory enforcement...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

Mintz - Antitrust Viewpoints

Three Trends in AI Regulation in 2023 — AI: The Washington Report

Welcome to this week’s issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. The year 2023 has been a significant one for artificial intelligence and AI...more

Fenwick & West LLP

Navigating Healthcare Antitrust in the Biden Era

Fenwick & West LLP on

It’s no secret that Democrats are traditionally trustbusters, but the Biden Administration is taking things to a whole new level, bringing novel—and arguably weak—cases that nonetheless slow or block tie-ups among healthcare...more

McAfee & Taft

Executive Order, IP owners seek to safely navigate the 'promise and peril' of AI

McAfee & Taft on

Discussion of artificial intelligence has become ubiquitous, particularly generative artificial intelligence (AI) given its potential to create new content, which some reports estimate could add up to $4.4 trillion annually...more

Latham & Watkins LLP

President Biden’s Executive Order on Artificial Intelligence - Initial Analysis of Private Sector Implications

Latham & Watkins LLP on

The Order marks an ambitious effort to stand up a whole-of-government approach to encouraging the benefits and managing the risks of artificial intelligence, with many of its most significant private-sector implications...more

ArentFox Schiff

Environmental Justice Update: EPA Publishes Cumulative Risk Assessment Comments

ArentFox Schiff on

While increased enforcement resulting from increased federal focus on environmental justice (EJ) issues poses risk to many businesses, how (and perhaps whether) the US Environmental Protection Agency (EPA) assesses and...more

King & Spalding

FTC and DOJ Announce New Draft Merger Guidelines

King & Spalding on

vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

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