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U.S. International Trade Commission
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III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Instapundit: America's IP Laws Need to be "Pruned Back"
Continuing to make good on President Biden’s pledge to root out and challenge anticompetitive mergers, the Antitrust Division of the Justice Department and the Federal Trade Commission have asked the public to join the hunt....more
Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more
On May 13, a federal district court in Texas dismissed private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) from an antitrust lawsuit filed by the Federal Trade Commission (FTC). The lawsuit, which was...more
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more
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
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
In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more
Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more
Since the beginning of Chair Khan’s tenure at the Federal Trade Commission (and in line with President Biden’s aim to curb rising health care costs), the current FTC has committed to bring enforcement actions against health...more
On Sept. 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners, Inc. (USAP) and its private equity sponsor, Welsh, Carson, Anderson & Stowe, asserting they crafted a “multi-year anticompetitive scheme” to...more
A recent U.S. Federal Trade Commission (“FTC”) antitrust lawsuit against a private-equity owner of a large anesthesiology practice in Texas demonstrates that the FTC has begun to implement its more aggressive focus on the...more
In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
Short sellers make their money by publishing information that attacks a company in order to drive down its share price. How can a company prepare? And what should it not do in the face of a short attack? We offer some tips in...more
The rapid advancement into the digital age has resulted in the emergence of transformative artificial intelligence (AI) tools that are capable of revolutionising industries. In this article, we set out how competition law...more
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
Yesterday, the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) (the “Agencies”) jointly issued a draft update of their Merger Guidelines intended to describe and guide the Agencies’ review of...more
The Department of Justice Antitrust Division and Federal Trade Commission issued new draft Merger Guidelines on July 19 that aim to significantly increase scrutiny of merger activity. The new Merger Guidelines would replace...more
On March 9, the FTC unanimously voted to block the proposed merger between the nation’s largest provider of home mortgage loan origination systems (LOS) and other key lender software tools, and its top competitor that offers...more
2022 saw a major uptick in antitrust scrutiny and enforcement, primarily related to vertical transactions by large technology companies. Meta/Within, Microsoft/Activision, and Broadcom/VMware (among others) faced resistance...more
As previously reported by Verrill attorney Tawny Alvarez in the firm’s “Taking Care of HR Business” blog on January 5, 2023, the Federal Trade Commission (FTC) proposed a rule that, as drafted by the FTC, would both prohibit...more
WHAT HAPPENED - During a conference last week, Ryan Danks, Director of Civil Enforcement at the US Department of Justice’s Antitrust Division (DOJ), suggested that merging parties—not the antitrust enforcement...more
UNIQUE GUN-JUMPING CASE SANCTIONED BY FRENCH COMPETITION AUTHORITY - A new European gun-jumping decision, following the European Court of Justice 2022 Marine Harvest judgment, sends a very strong message to companies that...more
The M&A market had a record-breaking year in 2021 with more than $5 trillion in global volume. High private equity activity, a soaring stock market, and low-interest rates contributed to an exceptionally busy landscape, which...more
Federal agencies don’t publish official Second Request transaction numbers until late the following year. But recent trends suggest a high volume of activity for 2021 and 2022, as well as a stricter regulatory and political...more
On March 16, Senator Elizabeth Warren and Representative Mondaire Jones introduced the Prohibiting Anticompetitive Mergers Act in the Senate and the House. The bill provides the Federal Trade Commission (FTC) and Department...more