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Spoiled Goods: FTC Denied Adverse Inference Request for Missing Texts in Kroger-Albertsons Merger Trial

On August 16, 2024, the Federal Trade Commission (FTC) filed a motion in limine in its challenge to Kroger’s $24.6 billion acquisition of Albertsons alleging that Albertsons executives intentionally deleted text...more

Improper Venu Sports: Southern District of New York Blocks Launch of Sports-Streaming Joint Venture Between Disney, Fox, and...

The Southern District of New York took the extraordinary step of granting competitor Fubo’s effort to preliminarily enjoin the launch of “Venu Sports,” a sports-streaming joint venture between Disney, Fox, and Warner Brothers...more

European Antitrust Bimonthly Bulletin – September/October 2023

The "European Antitrust Bimonthly Bulletin" breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways....more

Government Shutdown: Implications for Hart-Scott-Rodino Filings

As the September 30, 2023, deadline for U.S. Congress to enact appropriations to fund the federal government approaches, the Federal Trade Commission (FTC) and Department of Justice (DOJ) have issued contingency plans...more

European Antitrust Bimonthly Bulletin - July/August 2023

The "European Antitrust Bimonthly Bulletin" (EABB) breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways. ...more

Draft Merger Guidelines Issued: U.S. Antitrust Agencies’ Proposed Guidance Conflicts with Current Law and Seems Unlikely to Gain...

The two U.S. antitrust authorities—the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) (collectively, the “Agencies”)—have jointly proposed new Draft Merger Guidelines to replace...more

European Antitrust Bimonthly Bulletin - May/June 2023

The "European Antitrust Bimonthly Bulletin" (EABB) breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways....more

Amgen-Horizon: The FTC's First Litigated Pharmaceutical Merger Challenge in 14 Years and First Conglomerate Merger Challenge in...

On May 17, 2023, the Federal Trade Commission (FTC) challenged Amgen Inc.’s (Amgen) proposed acquisition of Horizon Therapeutics plc (Horizon). The complaint is significant in three respects....more

DOJ Withdraws Support for Healthcare Policy Statements and Increases Information Exchange Scrutiny

On February 2, 2023, Doha Mekki, Principal Deputy Attorney General (DAAG) for the U.S. Department of Justice (DOJ) Antitrust Division, announced the agency’s withdrawal of three enforcement policy statements related to...more

FTC Takes Action Against Employee Noncompete Clauses Through Rulemaking and Enforcement Actions

On January 5, 2023, the Federal Trade Commission (FTC) voted 3-1 to propose the Noncompete Clause Rule (the rule), which would ban essentially all noncompete clauses that employers impose on their employees and other workers....more

FTC Sues to Block Microsoft/Activision Blizzard Transaction, Putting $70 Billion Deal at Risk

The Federal Trade Commission (FTC) filed an administrative complaint to block Microsoft Corporation’s (Microsoft’s) nearly $70 billion acquisition of Activision Blizzard, Inc. (Activision), the largest video game acquisition...more

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

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

European Commission Publishes Cartel Leniency FAQs

On October 25, 2022, the European Commission (EC) published additional guidance on cartel leniency applications, in the form of Frequently Asked Questions (FAQs). The FAQs do not change the standard for leniency applications...more

Formal Publication of the DMA and Timelines for Compliance

On October 12, 2022, the EU Digital Markets Act (DMA) was published in the Official Journal of the European Union, giving clarity as to when the new rules will apply. The DMA will enter into force on November 1, 2022, and it...more

Home Court Disadvantage: In Illumina/Grail, FTC Loses Another Case Before Its Own Court

The Federal Trade Commission's (FTC's) in-house administrative law judge (ALJ) has handed the FTC a loss in its suit to reverse the completed acquisition of GRAIL, Inc. by Illumina, Inc. This is the FTC's second high-profile...more

China Amends Anti-Monopoly Law

This month, important amendments to the Chinese Anti-Monopoly Law (AML) came into force. Implementing regulations are now being finalized which will provide further detail on each set of changes.1 The Chinese antitrust...more

New York Attorney General Sues CVS over “Brazenly Anticompetitive Tying Scheme” in Provision of 340B Services

On July 28, 2022, the Attorney General of the State of New York (NYOAG) flexed its antitrust muscle and brought suit against CVS Health in Manhattan state court. The NYOAG accuses CVS of violating the Donnelly Act, New York's...more

EU General Court Backs Up the European Commission's Tough Stance on Gun-Jumping

The European General Court (GC) has affirmed a EUR 28 million (USD 32 million) fine against Canon for gun-jumping in connection with Canon's 2019 acquisition of Toshiba's medical device business (TMSC). The GC's decision...more

EU to Open San Francisco Office to Advance Its Digital Regulation Agenda

In anticipation of its new powers to regulate the largest digital platforms, the EU is planning to open a San Francisco base to engage with these companies, which are based mostly in Silicon Valley and the broader Bay Area....more

CMA Receives Tougher Enforcement Powers

On April 20, 2022, the UK government announced its intention to introduce new powers for the UK's antitrust and consumer protection regulator, the Competition and Markets Authority (CMA). These include an expansion of the...more

EU Adopts New Rules to Significantly Limit the Power of Tech Platforms

The European Union (EU) will soon be handed sweeping new rules to regulate the conduct of the largest digital platforms with the long-awaited Digital Markets Act (DMA). Following 15 months of intense negotiations on...more

FTC Loses the First Round of the Altria/JUUL Merger Litigation

The Federal Trade Commission (FTC) has lost the first round of its challenge to Altria Group, Inc.’s (Altria) $12.8 billion acquisition of a 35 percent stake in JUUL Labs, Inc. (JLI). On February 17, 2022, an agency...more

EU Parliament and Council Take Next Steps to Advance Major New Rules for Digital Platforms

The EU Parliament and the EU Council recently adopted their respective versions of the Digital Markets Act (DMA) and Digital Services Act (DSA), which intend to create new antitrust-related (DMA) and regulatory (DSA) rules...more

FTC Defeats Facebook Motion to Dismiss Amended Complaint

The FTC's case against Facebook will be allowed to proceed now that the district court has held its Amended Complaint plausibly alleged violations of Section 2 of the Sherman Act related to Facebook's acquisition of Instagram...more

FTC Sues NVIDIA to Block ARM Acquisition

On December 2, 2021, the Federal Trade Commission (FTC) filed an administrative complaint against the chip supplier NVIDIA challenging its acquisition of its chip design provider, and leading open-licensing powerhouse, ARM....more

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