NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
Retired senior executives often receive, or seek out, public company directorships as the next step in their journeys. Before accepting, they should carefully evaluate key areas to make sure they are prepared for the...more
State attorneys general (AGs) have a legal right to challenge anticompetitive mergers, both under the federal Clayton Act and their own state antitrust laws. And in recent years, state AGs have played increasingly larger...more
Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more
After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more
In a recent speech, Deputy Assistant Attorney General Bill Rinner of the DOJ Antitrust Division outlined the Division’s approach to merger enforcement in the Trump administration under the leadership of Assistant Attorney...more
On May 22nd, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) filed a joint Statement of Interest in a case against several prominent asset managers brought last year by the Texas Attorney General. In...more
This article is part of a monthly column that considers the significance of recent Federal Trade Commission antitrust announcements. In this installment, we discuss what to expect from the Trump administration's approach to...more
On May 15, 2025, a jury returned a verdict finding Amgen Inc. (“Amgen”) liable for antitrust violations and awarding Regeneron Pharmaceuticals, Inc. (“Regeneron”) over $400 million in damages....more
For construction company owners and managers, understanding antitrust laws and implementing effective compliance measures isn't just good business practice, it's essential protection against potentially devastating legal...more
On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more
Illinois Attorney General (AG) Kwame Raoul and Minnesota AG Keith Ellison have joined the Federal Trade Commission (FTC) in a lawsuit to block the acquisition of Surmodics Inc. by GTCR BC Holdings LLC, two major manufacturers...more
Firms across industries face mounting antitrust scrutiny from enforcers, legislators, and the plaintiffs’ bar. Sports teams and leagues are no exception. As the volume of sports commerce expands globally, so too does scrutiny...more
On March 18, the Trump administration fired two Democratic appointed Federal Trade Commission (FTC) commissioners, Rebecca Kelly Slaughter and Alvaro Bedoya, leaving the FTC with only two commissioners, Melissa Holyoak and...more
On April 25, U.S. District Judge Zahid N. Quraishi ordered the NCAA not to enforce its Five-Year Rule against Rutgers University cornerback Jett Elad. The impact of name, image, and likeness (NIL) agreements on the new world...more
Rutgers University football player Jett Elad is one of the latest student-athletes to file a federal antitrust lawsuit against the National Collegiate Athletic Association (NCAA) in the U.S. District Court for the District of...more
The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy professionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more
Proskauer’s Practical Guide to the Regulation of Hedge Fund Trading Activities offers a concise, easy-to-read overview of the trading issues and questions we commonly encounter when advising hedge funds and their managers. It...more
On March 7, 2025, the FTC filed a complaint in federal court seeking to block GTCR BC Holdings, LLC, a Chicago private equity firm, from acquiring Surmodics, Inc. The FTC alleges that Surmodics is the leading provider of a...more
On February 11, the FTC announced adjustments to the maximum civil penalty amounts for violations of 16 provisions of laws it enforces, as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act. The...more
On January 17, in the final days of the Biden Administration, the Federal Trade Commission (FTC) reached a settlement with private equity firm Welsh, Carson, Anderson, and Rowe (Welsh Carson) in lieu of bringing an...more
For many causes of action, a plaintiff is required to establish an actual “injury” caused by the alleged violation of law. That requirement can be a powerful barrier to class certification if individualized factual inquiries...more
In the two weeks before Inauguration, both the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC) released a flurry of rulemaking developments, policy announcements, and enforcement filings and...more
In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more
The Federal Trade Commission (“FTC”) announced the new filing fees, along with the annual adjustment to jurisdictional thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR”), as amended. The filing...more
Primary HSR Filing Threshold will be Increased to $126.4 Million - The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more