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Texas Federal District Court Sets Aside FTC’s Non-Compete Rule Nationwide

A Texas federal district court held on Aug. 20, 2024, that the Federal Trade Commission’s rule banning most employer-employee non-compete agreements is unlawful. This decision — unlike earlier preliminary decisions — orders...more

FTC Announces 2024 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more

DOJ and FTC Issue New Merger Guidelines

On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement...

On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar...more

FTC and DOJ Release Draft Updates to Horizontal and Vertical Merger Guidelines

On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more

Federal Trade Commission and Department of Justice Propose Overhaul of HSR Form

On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more

Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants

On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more

DOJ Withdraws ‘Out of Date’ Antitrust Enforcement Guidance Relating to Healthcare Providers

On Feb. 3, 2023, the Department of Justice Antitrust Division (DOJ) announced that it has withdrawn what it considers to be “outdated” joint Federal Trade Commission (FTC) and DOJ guidance, including the 1996 Statements of...more

DOJ Antitrust Division Announces Increased Scrutiny of Information Sharing

On Feb. 2, 2023, Doha Mekki, a senior leader of the Department of Justice’s Antitrust Division, announced wholesale changes to the Antitrust Division’s review of companies’ information-sharing practices. The Antitrust...more

DOJ Considers Updated Guidance on Information-Sharing, as Part of Renters Bill of Rights

On Jan. 25, 2023, the White House announced President Joe Biden’s Blueprint for a Renters Bill of Rights and several related initiatives “to increase fairness in the rental market and further principles of fair housing.” The...more

FTC Announces 2023 Hart-Scott-Rodino Premerger Filing Thresholds

On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act). Under the HSR Act, parties to mergers clearing certain thresholds generally must...more

New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits

On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more

DOJ Antitrust, HHS Enter 2023 With New Memorandum of Understanding, Coordinated Enforcement

On Dec. 9, 2022, the Antitrust Division of the U.S. Department of Justice (DOJ) and the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) signed a memorandum of understanding...more

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades

On Oct. 31, 2022, the U.S. Department of Justice Antitrust Division (DOJ) announced that it brought criminal attempted monopolization charges under Section 2 of the Sherman Act, resulting in a guilty plea. Section 2, which...more

DOJ Signals Intent to Bring Criminal Charges for Monopolization

The U.S. Department of Justice’s Antitrust Division previewed on March 2, 2022, a potentially dramatic shift in its enforcement of Section 2 of the Sherman Act, which prohibits monopolization, attempted monopolization and...more

DOJ, Federal Maritime Commission to Cooperate on Antitrust Enforcement in Ocean Shipping Industry

In his March 1, 2022 State of the Union Address, President Joe Biden again emphasized his commitment to increased competition — this time directing attention to the ocean shipping industry. In support of this commitment, the...more

Federal Trade Commission Announces 2022 Changes to Hart-Scott-Rodino Filing Thresholds

On Jan. 21, 2022, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more

FTC to Send Warnings That Companies Close “at Their Own Risk” Despite Waiting Period Expiration

On Aug. 3, 2021, the Federal Trade Commission announced that it has begun sending form letters alerting companies that have made Hart-Scott-Rodino Act (HSR) filings that, despite the expiration of the HSR waiting period, the...more

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...more

Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement

On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

FTC Announces Lower Hart-Scott-Rodino Filing Thresholds for 2021

On Feb. 1, 2021, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act). For the first time in...more

FTC/DOJ Rule Would Enhance Premerger Reporting Requirements for Investment Funds

Investment funds may face enhanced premerger reporting requirements under a new rule jointly proposed by the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ). Published Dec. 1,...more

DOJ, FTC Clarify Merger Review Analysis With New Vertical Merger Guidelines

On June 30, 2020, the Department of Justice and a divided Federal Trade Commission finalized new Vertical Merger Guidelines applicable to acquisitions and mergers that combine firms or assets at different stages of the same...more

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