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The Clayton Act Anti-Competitive Competition

Troutman Pepper Locke

Illinois and Minnesota AGs Join FTC’s Lawsuit Against Private Equity Firm

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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

Jenner & Block

Client Alert: FTC Challenges Medical Device Coating Transaction

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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

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

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The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

Adler Pollock & Sheehan P.C.

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other...more

Faegre Drinker Biddle & Reath LLP

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

Mintz - Antitrust Viewpoints

Unanimous Federal Trade Commission Orders Illumina, Inc. to Divest GRAIL, Inc.

The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

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Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

Stinson LLP

FTC Announces Expanded Enforcement Authority

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Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

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On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

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On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

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​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

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The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Stevens & Lee

Tying, Tiering, Steering and Gag Clause Issues Front and Center Again

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We previously reported on several cases involving successful antitrust challenges to proposed hospital mergers involving Hackensack Meridian Health System and Englewood Hospital in Bergen County New Jersey; RWJ Barnabas...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

Polsinelli

Clients Should Review Their Corporate Governance Compliance Guidelines in Light of Threatened Enforcement Action Against...

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In the government’s ongoing efforts to increase antitrust enforcement, Assistant Attorney General (“AAG”) Jonathan Kanter, head of the Department of Justice’s Antitrust Division (“DOJ”), opened up another front for clients to...more

Vinson & Elkins LLP

DOJ Suit to Block Book Publishers’ Merger Indicative of New Antitrust Enforcement Regime’s Priorities

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On November 2, 2021, the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the District of Columbia to block the planned $2.175 billion merger between powerhouse publishing companies...more

Proskauer - Minding Your Business

Retail Marketers’ Antitrust Settlement Raises the Question: When Are Exclusive “Staggered” Contracts Anticompetitive?

If you ever noticed a coupon dispenser or colorful cardboard display while walking down the aisle of your local supermarket, there is a good chance it was put there by News Corp.’s News America Marketing (NAM) – in-store...more

Skadden, Arps, Slate, Meagher & Flom LLP

Interlocking Boards: The Antitrust Risk You May Never Have Heard Of

A mostly forgotten statute barring competitors from having representatives on each other’s boards could be used by regulators if pressure builds for antitrust enforcement in the tech industries....more

Wilson Sonsini Goodrich & Rosati

Senate Legislation Introduced Presages Congressional Action to Reshape U.S. Antitrust Enforcement

Last week, Senator Amy Klobuchar introduced the Competition and Antitrust Law Enforcement Reform Act (CALERA), which provides for wide-ranging changes to the U.S. antitrust laws. CALERA follows the release of a report last...more

Mintz

Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

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The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that...more

BakerHostetler

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

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The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride,...more

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