News & Analysis as of

Federal Trade Commission (FTC) Joint Venture Antitrust Provisions

Zelle  LLP

Stop, Collaborate and Listen! What to Know About the FTC and DOJ’s Withdrawal of the Competitor Collaboration Guidelines

Zelle LLP on

In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw...more

McDermott Will & Emery

FTC Publishes Annual Merger Notification Jurisdictional Threshold and Filing Fee Adjustments

McDermott Will & Emery on

On January 10, 2025, the Federal Trade Commission (FTC) released increased jurisdictional thresholds, filing fee thresholds, and filing fee amounts for merger notifications made pursuant to the Hart-Scott-Rodino Antitrust...more

Foley & Lardner LLP

FTC and DOJ Withdraw Guidelines for Collaborations Among Competitors

Foley & Lardner LLP on

On December 11, 2024, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (together, “the Agencies”) jointly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (“Guidelines”)....more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

Stinson LLP on

On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

Faegre Drinker Biddle & Reath LLP

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as...

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

McDermott Will & Emery

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

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Ankura

The Department of Justice’s Withdrawal of Three Antitrust Statements and the Impact on Health Care Organizations

Ankura on

On February 3, 2023, the Department of Justice Antitrust Division (DOJ) announced the withdrawal of three policy statements that have long guided the information exchanges as well as the related enforcement in the healthcare...more

Stinson LLP

DOJ Repeals Healthcare Policy Statements Containing Longstanding Guidance on Information Sharing

Stinson LLP on

On February 3, the Department of Justice (DOJ) formally withdrew three antitrust policy statements related to enforcement in the healthcare industry. These policy statements—from 1993, 1996, and 2011—addressed topics such as...more

Wilson Sonsini Goodrich & Rosati

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

Constangy, Brooks, Smith & Prophete, LLP

Sports law may have a partial fix for FTC noncompete ban

The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more

McDermott Will & Emery

Antitrust M&A Snapshot - October 2021 Q3

McDermott Will & Emery on

JULY – SEPTEMBER 2021: HIGHLIGHTS - UNITED STATES - • The US Department of Justice’s (DOJ) challenge of American Airlines and JetBlue’s “Northeast Alliance” after the joint venture’s approval by the US Department of...more

Perkins Coie

FTC Announces 2021 Changes to HSR and Clayton Act Thresholds, Temporarily Suspends Early Termination

Perkins Coie on

The U.S. Federal Trade Commission (FTC) recently announced reporting thresholds under Section 7A of the Clayton Act, known as the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976 (the Act), will decrease. The Act...more

Mintz - Antitrust Viewpoints

Peabody and Arch Coal Walk Away from Joint Venture After District Court Grants FTC’s Request for Preliminary Injunction

On September 29, 2020, Judge Sarah Pitlyk, a 2019 Trump appointee to the Eastern District of Missouri, granted the Federal Trade Commission’s request for a preliminary injunction barring two thermal coal producers, Arch...more

Robins Kaplan LLP

Joint Ventures & The COVID-19 Pandemic

Robins Kaplan LLP on

May companies work with their competitors to produce equipment needed to battle COVID-19 without running the risk of antitrust enforcement actions or treble damages lawsuits?...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Antitrust Challenges in the Age of COVID-19

Companies navigating through the unprecedented dynamics of the COVID-19 pandemic need to be aware of antitrust and consumer protection laws to avoid potential legal pitfalls and challenges. ...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: Competitor Collaborations in the time of COVID-19

The Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced on March 24, 2020, an expedited antitrust review process for proposed collaborative efforts aimed at...more

Ballard Spahr LLP

FTC and DOJ Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts

Ballard Spahr LLP on

The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more

Epstein Becker & Green

Antitrust Analysis of Competitor Collaboration Agreements

Epstein Becker & Green on

Collaborations among competitors or potential competitors can take many forms, the most common being a joint venture. The Antitrust Guidelines for Collaboration Among Competitors, issued jointly by the Federal Trade...more

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