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Federal Trade Commission (FTC) Antitrust Litigation

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure Litigation Updates — September 2025

On August 1, 2025, a federal district court judge rejected the attempt by three major asset managers to dismiss an antitrust complaint filed by a coalition of 11 Republican state attorneys general (and subsequently receiving...more

Herbert Smith Freehills Kramer

Antitrust Regulation in the Marketplace of Ideas

Contrary to some early predictions, the Trump administration appears committed to vigorous enforcement of the antitrust laws. While the Antitrust Division of the Department of Justice and the Federal Trade Commission (FTC)...more

McDermott Will & Schulte

3 takeaways from US antitrust M&A activity in Q2 2025

Under the second Trump administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have signaled a significant departure from the antitrust enforcement policies of the Biden administration. This new...more

McCarter & English, LLP

Robinson-Patman Act Case Roundup: Regulatory Uncertainty and Private Litigation Trends

The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over...more

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

Patterson Belknap Webb & Tyler LLP

The FTC Challenges Edwards Lifesciences’ $945M Acquisition of JenaValve

On August 6, 2025, the Federal Trade Commission (“FTC”) filed a motion for preliminary injunction to block Edwards Lifesciences Corporation’s (“Edwards”) $945 million proposed acquisition of JenaValve Technology, Inc....more

DLA Piper

Inside Competition: August 2025

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Welcome to Inside Competition, DLA Piper’s monthly bulletin designed to help companies identify key legal developments in US antitrust and competition law. In addition to reporting on antitrust litigation and enforcement...more

Cooley LLP

Antitrust Regulators Provide Guidance About When Shareholder Engagement Might Become An Issue

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I’m not well-versed in antitrust law – nor do I want to be – but this recent FTC/DOJ Statement of Interest from the antitrust lawsuit filed by the State of Texas against BlackRock, State Street and Vanguard bears on...more

Cornerstone Research

5 Questions with Joanna Tsai: Delivering Impactful Analysis in Mergers

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We interview Joanna Tsai, cohead of Cornerstone Research’s merger investigations practice, to gain her insights on delivering effective testimony in high-stakes cases, as well as the broader changes shaping competition...more

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Loeb & Loeb LLP

With Executive Order, President Trump Aims To Reshape College Sports

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This alert was developed with significant assistance and input from Lo Davis, Executive Director of Cavalier Futures Marketing Inc. On July 24, 2025, President Donald Trump signed an executive order titled “Saving College...more

Stinson LLP

FTC and DOJ Provide Critical Clarity on Passive Investment Rules Under Antitrust Law

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In a significant development for institutional investors, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have provided their first explicit statement confirming that engagement with companies on corporate...more

Perkins Coie

Emerging Antitrust Implications for "Fact Checking” Content

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Key Takeaways - A recent statement of interest from the U.S. Department of Justice focuses on “fact checking” efforts as potential antitrust violations due to the potential to suppress competition within the “marketplace of...more

Fenwick & West LLP

Washington Becomes First State to Enact ‘Mini HSR’ Notification Requirement

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As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties...more

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

Epstein Becker & Green

FTC Challenges Merger Based on Potential Coordinated Effects Theory, Accepts Conduct Remedy

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A recent enforcement action by the Federal Trade Commission (FTC) is particularly noteworthy because of the theory of potential harm and the accepted remedy....more

WilmerHale

Notes from the Multipolar Global Front: Navigating Multinational Antitrust Merger Reviews

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Recent developments have made navigating multinational antitrust merger reviews even more complex and replete with traps for the unwary. ...more

Proskauer Rose LLP

FTC Focus: Enforcers Study AI Innovation And Entrenchment

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In today's digital age, artificial intelligence has become a household utility. It is hard to imagine anyone who hasn't heard of ChatGPT — from the pundit lamenting the impending obsolesce of the human workforce; to the...more

A&O Shearman

The Trump era DOJ and FTC: a return to merger remedies

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This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more

Morrison & Foerster LLP

Trump Antitrust Enforcers Stay the Course on Efficiencies

The Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together the “Agencies”) submitted a note about efficiencies in merger control in connection with a June 17, 2025 Organisation for...more

McCarter & English, LLP

Merger Remedies Are Back on the Menu

The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment

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On June 09, 2025, the United States District Court for the Northern District of Illinois denied a motion to dismiss filed by a manufacturer of agricultural equipment (“Defendant”) in a right-to-repair action brought by the...more

White & Case LLP

Navigating Antitrust Risks When Responding to Tariffs

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As companies consider their responses to tariffs, including potential price and supply chain adjustments, antitrust enforcers are scrutinizing competitor conduct. Recent enforcement warnings from both FTC and DOJ officials...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Vinson & Elkins LLP

Navigating Antitrust Compliance: A Q&A with Vinson & Elkins’ Antitrust and Enforcement Leaders

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At a recent Practising Law Institute (PLI) webinar on antitrust, over 250 legal professionals joined to hear from three antitrust leaders: Nicole Castle, Zach Terwilliger, and Craig Seebald. In this Q&A, they explore what’s...more

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