NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
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
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
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
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
On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more
There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more
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
Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more
The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more
Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more
A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust...more
On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more
On August 16, 2023, the Federal Trade Commission took action to resolve its antitrust concerns associated with a proposed transaction between EQT Corporation (EQT) and private equity firm QEP Partners, LP (Quantum) pursuant...more
Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more
On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more
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
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
On November 10, 2022, the Federal Trade Commission issued its “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act.” The Statement replaces prior guidance...more
In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more
The FTC and a bipartisan coalition of AGs from ten states sued pesticide manufacturers Syngenta Crop Protection and Corteva, Inc. over allegations that the companies paid distributors to block competitors from selling cheaper...more
In a September 9, 2022 decision, Administrative Law Judge D. Michael Chappell dismissed a complaint filed by the FTC alleging that the $7.1 billion acquisition of multi-cancer early detection (MCED) test maker Grail, Inc. by...more
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
The FTC filed an administrative complaint against U.S. chip manufacturer Nvidia Corp. and U.K. chip design provider Arm Ltd. and its parent company (collectively “Arm”) to stop Nvidia’s $40 billion acquisition of Arm over...more
Highlights - • The Federal Trade Commission (FTC) recently updated its interpretation of its authority to challenge “unfair methods of competition” under Section 5 of the FTC Act. It will no longer limit enforcement actions...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