NCAA vs. Board of Regents of the University of Oklahoma: A Win for Antitrust Law and College Football Fans
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
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
On Monday, the FTC lost its bid to preliminarily enjoin Microsoft’s acquisition of Activision, the maker of the popular video game, “Call of Duty.” Based on a vertical foreclosure theory, this case marks the fourth loss for...more
At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more
The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more
While antitrust enforcement of hospital mergers is well-established, physician acquisitions have only recently and increasingly seen antitrust scrutiny. Last week, in a 69-page opinion, a federal district court granted the...more
Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more
Valero Energy Corporation will likely face an uphill battle ahead in California over its plans to purchase storage terminals in Martinez and Richmond, California from Plains All American Pipeline. The California Attorney...more
On March 23, the U.S. House of Representatives voted favorably on the Standard Merger and Acquisition Reviews Through Equal Rules Act (the “SMARTER Act”), H.R. 2745. The bill, introduced by Representative Blake Farenthold of...more