News & Analysis as of

Anti-Competitive Department of Justice (DOJ) The Clayton Act

Hinch Newman LLP

Federal Trade Commission and Department of Justice Joint Task Force News

Hinch Newman LLP on

The Federal Trade Commission and the Department of Justice possess both overlapping and distinct authority to challenge anti-competitive practices under federal law. The FTC enforces, without limitation, the FTC Act and the...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

ArentFox Schiff

The DOJ and FTC Turn Their Attention to “Roll-Up” Acquisitions, Looking for Anticompetitive Transactions

ArentFox Schiff on

In a December 2023 statement, the White House detailed its intention to encourage antitrust enforcers to scrutinize anticompetitive acquisitions and anticompetitive practices in health care. Specifically, the statement...more

Proskauer Rose LLP

FTC Announces 2024 Thresholds Under HSR Act and Clayton Act

Proskauer Rose LLP on

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our annual practice, this alert identifies...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

King & Spalding on

On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Adler Pollock & Sheehan P.C.

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other...more

Faegre Drinker Biddle & Reath LLP

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

Polsinelli

Promise Made, Promise Kept: The Justice Department Follows Through With Interlocking Directorate Enforcement

Polsinelli on

On October 19, 2022, the Antitrust Division of the Department of Justice (“DOJ”) issued a press release heralding the resignation of seven directors from ten companies’ boards of directors in response to the government’s...more

White & Case LLP

DOJ Announces Seven Director Resignations from Five US Public Company Boards in the Most Recent Wave of Reinvigorated Clayton Act...

White & Case LLP on

On October 19, 2022, the Antitrust Division of the Department of Justice announced that seven directors resigned from five different US public company boards of directors following DOJ concerns that their roles violated...more

Benesch

Private Equity: Do You Have Seats on Boards of Companies in the Same Industry?

Benesch on

​​​​​​​Last week, the U.S. Department of Justice (DOJ) sent letters to multiple public companies, investors and individuals advising of concerns of “interlocking directorates” and stating that it may bring lawsuits for...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

Cozen O'Connor

FTC Authorizes Compulsory Process in Three Investigations Categories

Cozen O'Connor on

The FTC has approved three procedural omnibus resolutions authorizing staff to utilize compulsory process in three categories of investigations: collusive practices; mergers, acquisitions and transactions; and the auto rental...more

The Volkov Law Group

DOJ’s Antitrust Division Begins Trials to Block Two Large Mergers

The Volkov Law Group on

The Justice Department’s Antitrust Division continues to push its aggressive civil and criminal agenda.  While the Division has lost several high-profile criminal cases in the chicken processing industry and the labor market,...more

Polsinelli

Clients Should Review Their Corporate Governance Compliance Guidelines in Light of Threatened Enforcement Action Against...

Polsinelli on

In the government’s ongoing efforts to increase antitrust enforcement, Assistant Attorney General (“AAG”) Jonathan Kanter, head of the Department of Justice’s Antitrust Division (“DOJ”), opened up another front for clients to...more

Vinson & Elkins LLP

Winter 2021-2022 Antitrust Cartel Primer

Vinson & Elkins LLP on

This Cartel primer, full document linked below, brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel...more

Vinson & Elkins LLP

DOJ Suit to Block Book Publishers’ Merger Indicative of New Antitrust Enforcement Regime’s Priorities

Vinson & Elkins LLP on

On November 2, 2021, the United States Department of Justice (“DOJ”) filed a complaint in the U.S. District Court for the District of Columbia to block the planned $2.175 billion merger between powerhouse publishing companies...more

King & Spalding

Buyers Beware: An Increased Risk of Private Merger Challenges

King & Spalding on

On February 18, 2021, the Fourth Circuit affirmed the first court-ordered divestiture arising from a privately litigated merger challenge. The Court also upheld a $36 million damages award (post-trebling) in favor of the...more

Wilson Sonsini Goodrich & Rosati

Senate Legislation Introduced Presages Congressional Action to Reshape U.S. Antitrust Enforcement

Last week, Senator Amy Klobuchar introduced the Competition and Antitrust Law Enforcement Reform Act (CALERA), which provides for wide-ranging changes to the U.S. antitrust laws. CALERA follows the release of a report last...more

McDermott Will & Emery

Antitrust Enforcement Update: Spotlight on Physician Transactions

McDermott Will & Emery on

At both the state and federal level, antitrust enforcement agencies continue to pursue successful challenges to physician practice transactions. This article summarizes two recent enforcement actions, as well as a new state...more

Holland & Knight LLP

FTC Announces Revised Hart-Scott-Rodino Thresholds Effective April 3, 2019

Holland & Knight LLP on

The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR), which will apply to all transactions closing on or after April 3,...more

Akin Gump Strauss Hauer & Feld LLP

Podcast: Antitrust: Looking Back and Looking Forward

In this episode, Akin Gump antitrust partners Gorav Jindal and Corey Roush discuss antitrust developments in 2018 and look at what 2019 may bring. Among the topics covered: • antitrust under the Trump administration • major...more

Mintz

Out with the Old: DOJ Seeks to Terminate Outdated Antitrust Judgments

Mintz on

The Department of Justice (“DOJ”) announced a new initiative to terminate “legacy” antitrust judgments that “no longer protect competition.” In 1979, the DOJ adopted a general practice to include sunset provisions that...more

Mintz - Health Care Viewpoints

The California Attorney General and Sutter Health Face Off in an Antitrust Lawsuit

On March 29, 2018, the Attorney General of California filed an antitrust action against Sutter Health and its affiliates (“Sutter”) alleging Sutter engaged in various anticompetitive conduct in violation of California’s...more

Foley & Lardner LLP

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

Foley & Lardner LLP on

A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

BakerHostetler

Defending Competitive Harm with Efficiencies: A Fire Swamp of Trouble

BakerHostetler on

The use of efficiencies as a defense remains without a firm footing in law when a transaction has demonstrable and substantial anticompetitive effects. In Rob Reiner’s classic fantasy adventure The Princess Bride,...more

29 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide