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In the wake of the recent major revisions to the federal merger review form, states are also getting into the act, creating broad new transaction notification requirements. Such notification requirements are not completely...more
At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the...more
Bienvenue à l’édition de mai de l’infolettre Avantage concurrentiel par Blakes, une publication mensuelle des groupes Concurrence et antitrust et Investissement étranger de Blakes. Avantage concurrentiel par Blakes présente...more
For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States....more
California antitrust laws may be on the verge of a major transformation, with proposed changes that could significantly impact how businesses operate in the state, particularly in the digital sphere. At the request of the...more
In 2024 alone, over 676 private equity firms and related investors acquired healthcare companies or related assets. The growing influence of private equity in the healthcare industry has not gone unnoticed on either of the...more
In the latest episode of Health Law Diagnosed, host Bridgette Keller discusses the evolving legislative and regulatory landscape impacting health care transactions, particularly for private equities and hedge funds...more
The number of U.S. states implementing or considering new antitrust laws (or supplementing existing laws) targeting proposed transactions continues to grow. As detailed in our healthcare merger matrix, many states have...more
New state healthcare transaction reporting and corporate practice of medicine (CPOM) laws faced significant headwinds in 2024 with increased opposition by state legislators and advocacy participation by industry stakeholders....more
After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more
On November 14, 2024, the American Bar Association (ABA) held its annual Antitrust Fall Forum in Washington, D.C., co-chaired this year by Wilson Sonsini partner Taylor M. Owings. The Forum was a chance for the antitrust bar...more
2024 has been an eventful year for federal and state antitrust enforcement in healthcare with many in the industry wondering where do we go from here in 2025. Holland & Knight sponsored a breakout panel discussion at the...more
Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context With antitrust regulators focused on competition in labor markets, companies should revisit their noncompete agreements,...more
2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more
Under the Clayton Act (15 U.S. Code § 18), certain business acquisitions are prohibited where “the effect of such acquisition may be substantially to lessen competition, or to tend to create a monopoly.” Long-standing...more
Although much attention recently has been focused upon debates in Congress, potential legislative changes to U.S. antitrust law are not limited to proposals at the federal level. Many states are considering changes to their...more
The Sherman Act was passed in 1890. The Clayton Act in 1914. And they have hardly changed since. Last month, Senator Amy Klobuchar, the new chair of the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition...more
In 2020, like most other industries, the energy sector faced extreme challenges stemming from the pandemic. People were relying less on energy due to workforce and lifestyle changes. Last year also brought market dislocations...more
The bill would increase and shift the burden for many merger reviews, introduce new categories of prohibited conduct, and undo important common law defenses to single-firm conduct. On February 4, 2021, Senator Amy...more
On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more
Executive Summary: Congress is considering proposed legislation would substantially rewrite U.S. antitrust law. If approved, the “Competition and Antitrust Law Enforcement Act of 2021” would increase the compliance burden on...more
Critics of modern antitrust enforcement have been building momentum towards antitrust reform over the last several years. In the first week of February 2021, several members of Congress signaled that bipartisan legislative...more
Antitrust regulators in the United States and Europe were very active in the final quarter of 2019. The FTC and DOJ continue to investigate and challenge M&A transactions in a variety of industries. Events of this quarter...more
The House of Representatives yesterday passed a bill – the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act of 2018, H.R. 5645 – designed to align procedures and standards under which the Federal...more
Does the EU’s Qualcomm fine represent efficient justice? As widely reported, on 24 January 2018, the EU Commission fined Qualcomm €997m for abusing its dominant position in LTE baseband chipsets....more