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Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Antitrust Division Announces Task Force on Health Care Monopolies and Collusion

On May 9, Assistant Attorney General (AG) Jonathan Kanter announced that Department of Justice’s (DOJ) Antitrust Division has formed a Task Force on Healthcare Monopolies and Collusion (HCMC). The initiative will bring...more

FTC Updates HSR and Clayton Act Thresholds; Increases Civil Penalties for Violations

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed...more

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Bundled Discounts in the FTC's Crosshairs

Recently, the Federal Trade Commission (FTC) has focused on the potential harm that loyalty discounts and bundled prices could cause to competitors and their access to customers. A vendor offers a bundled discount when it...more

Antitrust Criminal Enforcement on the Horizon

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines

The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more

The Evolution of the FTC and DOJ Continues: Agencies Seek Public Comment on Draft Merger Guidelines

The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more

Antitrust Division Calls on Activision to Do Its Duty to eSports League Players

On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more

Senate Proposal Opens the Door for More State Antitrust Lawsuits

Senate Proposal Opens the Door for More State Antitrust Lawsuits - On July 14, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions...more

Recent Legislation Opens the Door for More State Antitrust Lawsuits

On December 29, 2022, President Biden signed into law the State Antitrust Enforcement Venue Act (the “State AG Venue Act”). This law puts all businesses at risk of defending antitrust lawsuits across different jurisdictions...more

Fore! Professional Golf Investigation is Driver of New Antitrust Theories

As a sport, golf has rarely, if ever, been described as "cutting edge." But in the courtroom, golf may be at the forefront of the latest antitrust developments. In the coming months, the legal war unfolding in professional...more

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

DOJ Making Good on Section 2 Monopolization Enforcement Promises With Latest Criminal Indictment

On Tuesday, December 6, the U.S. Department of Justice (DOJ), Antitrust Division, announced the unsealing of criminal charges against 12 individuals in the Southern District of Texas as part of an 11-year price fixing and...more

FTC Policy Statement Seeks to Expand US Antitrust Enforcement

On November 10, the Federal Trade Commission (FTC) issued a “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act” (Policy Statement). The Policy Statement...more

Recent No-Poach Developments: Federal Enforcement Agencies Ally to Promote Labor and McDonald’s Latest Judicial Win

Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more

FTC Requires Divestitures in Gasoline Terminal Deal

The FTC is increasingly focused on competition in gasoline and fuel markets and has “redoubl[ed] its commitment” to “aggressive antitrust enforcement” in these areas. The most recent example of this renewed commitment came...more

Senate Proposal Opens the Door for Increase in State Attorneys General Antitrust Lawsuits

On September 23, the U.S. Senate advanced legislation that puts all businesses at risk of defending antitrust lawsuits across different jurisdictions at the same time. Senate Bill 1787 (S. 1787) — the Antitrust Enforcement...more

Executive Order Throws Down the Gauntlet for a New Era of Antitrust Enforcement

On July 9, President Biden signed an executive order on promoting competition in the American economy, listing broad priorities for antitrust enforcement. In conjunction with this order, the Federal Trade Commission (FTC) and...more

U.S. District Court Dismisses Government Actions Against Facebook

On June 28, while both congressional bodies continue to introduce and consider numerous legislative proposals to “reform” and amend the existing legal analytical framework, the U.S. District Court for the District of Columbia...more

FTC Meeting Opens the Door to a Period of Greater Uncertainty

Last week the Federal Trade Commission (FTC or Commission) held its first open Commission meeting in over 20 years. Chair Lina Khan led the meeting and promised future open meetings of the Commission on a “regular” basis....more

FTC to Develop New Group Aimed at Antitrust and Deceptive Practices Rulemaking

While the debate continues about whether the Federal Trade Commission (FTC) has the authority to make rules governing antitrust or competition law issues, on March 25, Acting FTC Chair Rebecca Kelly Slaughter announced the...more

COVID-19 Hits Global Merger Antitrust Enforcement: Potential Considerations

In response to the global COVID-19 pandemic, the competition law enforcement agencies are implementing policies and procedures aimed at operational continuity while reducing the risk of the spread of the virus among their...more

FTC Announces HSR And Interlocking Thresholds For 2020

The U.S. Federal Trade Commission announced the annual changes to the thresholds contained in section 7A (Hart-Scott-Rodino) and section 8 of the Clayton Act (15 U.S.C. §§ 18a, 19) (Interlocking Directors). The new HSR...more

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