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Administration Launches Antitrust-Focused Strike Force

On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American...more

2024 HSR Filing Thresholds and Filing Fees Announced; 2024 Interlocking Directorate Thresholds Announced

On Jan. 22, the FTC announced the 2024 filing thresholds under the HSR Act, as well as the 2024 filing fees. The new thresholds will be published in the Federal Register in the coming days....more

FTC and DOJ Jointly Publish Revised Merger Guidelines

On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more

Executive Order on AI: Antitrust Issues

On Oct. 30, the White House issued Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (Executive Order). In the wide-ranging Executive Order, the White House provides a road...more

DOJ and FTC Using New Weapons to Attack Antitrust Conduct

In spring 2022, the Department of Justice (the DOJ) announced its intention to aggressively pursue monopolization cases. While the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing...more

FTC and DOJ Jointly Propose New Merger Guidelines

On July 19, 2023, the FTC and the DOJ (collectively, the agencies) jointly released new draft merger guidelines. The agencies assert that the proposed guidelines will help them better assess the impact of proposed mergers...more

FTC Proposes Sweeping Changes to HSR Reporting Requirements

On June 27, the Federal Trade Commission (FTC) issued a press release[1] announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act). Under...more

A Familiar Refrain: Judges Remind Lawyers and Their Experts of the Importance of Explaining Antitrust Cases in a Way Laypeople Can...

Panelists echoed a familiar tune at the 2023 ABA Antitrust Spring Meeting’s “Views from the Bench”: Judges wish antitrust lawyers and their expert witnesses would do a better job of explaining and narrowing down the factual...more

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

2023 HSR Filing Thresholds and New Filing Fee Structure Announced

On Jan. 25, the Federal Trade Commission (FTC) published a notice in the Federal Register announcing the 2023 filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act). The notice also...more

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act

Following its repudiation of its prior enforcement regime in July 2021, the FTC on Nov. 10 issued a Statement Regarding the Scope of “Unfair Methods of Competition” Under Section 5 of the Federal Trade Commission Act...more

DOJ Antitrust Brings First Criminal Monopolization Case in More Than 40 Years

Key Takeaways - ..U.S. v. Nathan Nephi Zito is the first criminal monopolization case in more than 40 years, reversing the Antitrust Division’s practice of pursuing monopolization cases only civilly. ..The elements...more

Hospital Mergers: The Future of COPA Immunity

In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse...more

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

​​​​​​​Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league...more

Baby Formula Shortage Subject of FTC Scrutiny

On May 23, 2022, the Federal Trade Commission (FTC), at the prompting of President Joe Biden, announced that it will launch a civil investigation into the ongoing shortage of baby formula throughout the country. The FTC is...more

Continued Antitrust Focus on the Labor Market in the Wake of NCAA v. Alston

Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...more

President Biden's Executive Order: A Revolution in Antitrust Enforcement?

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy. According to the fact sheet that accompanied the order, competition in the U.S. economy is in dire straits....more

Supreme Court Holds That the ‘NCAA Is Not Above the Law' and Issues Warning to Colleges, Universities and Other Not-for-Profit...

On June 21, 2021, in NCAA v. Alston, the U.S. Supreme Court unanimously held that the National Collegiate Athletic Association’s (NCAA) rules limiting education-related compensation that colleges and universities can provide...more

DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases

On October 20, 2020, the Department of Justice (“DOJ”) and 11 state attorneys general filed an antitrust complaint against Google, alleging Google violated Section 2 of the Sherman Act by unlawfully maintaining monopolies in...more

The Failing Firm Antitrust Defense – An Update on Navigating Financially Troubled Mergers During a Pandemic

On June 23, we hosted a webinar on the failing firm defense, focusing on defining the defense and offering tips on complying with it. We also tried to demonstrate that, sometimes, the antitrust agencies will not demand strict...more

Unpacking Antitrust Issues in the Food Industry During the Pandemic

COVID-19 already has had a significant impact on the food industry. Companies at all levels of the food supply chain long have been the focus of antitrust investigations and litigation, partly because there are relatively few...more

DOJ Makes Important Changes to Its Guidance on Evaluating Compliance Programs

On June 1, 2020, the Criminal Division (the “Criminal Division”) of the Department of Justice (the “DOJ” or “Department”) issued revised guidance (the “June 2020 Guidance”) about how it will evaluate corporate compliance...more

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