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Year in Review: Criminal Enforcement by the DOJ Antitrust Division in 2023

When it comes to antitrust criminal enforcement, 2023 will be remembered as the year when the US Department of Justice’s (DOJ) Antitrust Division redefined and tested the outer boundaries of its authority. This report looks...more

Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement

Mergers and acquisitions will continue to face strong headwinds at the Federal Trade Commission (FTC) and the US Department of Justice (DOJ) under new proposed Merger Guidelines released on July 19, 2023. The Proposed...more

[Webinar] What You Need to Know About the Revised Merger Guidelines - July 26th, 12:30 pm - 1:30 pm EDT

The Federal Trade Commission and the US Department of Justice Antitrust Division have released their revised Merger Guidelines. Which industries will be most affected? What should companies be doing now to avoid regulatory...more

[Webinar] 2022 Enforcement Outlook Series | Antitrust in the EU and US: Enforcement Trends and Risk Mitigation Strategies -...

To help you stay up to date on the enforcement trends impacting your compliance strategy, McDermott is pleased to invite you to the 2022 Enforcement Outlook webinar series, which covers key areas of enforcement on a monthly...more

Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases

The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient....more

Close Scrutiny for Class Settlements Where Plaintiff Attorneys Take Lion’s Share

Two recent US antitrust class action settlements drew additional scrutiny from federal judges, showing that the allocation of settlement funds between a proposed class and their attorneys will be carefully reviewed for...more

The Latest: New DOJ Antitrust Division Policy Makes Compliance Programs More Critical than Ever

What Happened: • Last week, the Antitrust Division reported that it has changed its Justice Manual to state that it will consider antitrust compliance at the charging stage in criminal antitrust investigations, instead of...more

The Latest: DOJ Distinguishes ‘No-Poach’ Agreements

WHAT HAPPENED: • The Department of Justice filed a Statement of Interest in three related cases in the Eastern District of Washington yesterday dealing with alleged “no-poach” (or non-solicitation) agreements between...more

New York Proposes Revised Regulations for Health Care Collaborations

Today, New York health regulators proposed revised rules that would allow health care providers to merge or cooperate with one another without being subject to federal or state antitrust scrutiny....more

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