News & Analysis as of

Department of Justice (DOJ) Anticompetitive Behavior

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

Goodwin on

Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

MoginRubin LLP

Google’s Default Distribution Deals Drive Search Monopoly Decision

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This week’s decision in United States v. Google represents a significant victory for the Department of Justice’s Antitrust Division and various state attorneys general, which successfully argued that Google has exercised...more

Foley Hoag LLP - State AG Insights

30 State Attorneys General Team up with DOJ to Sue Live Nation for Violations of Antitrust Law

United States Attorney General Merrick Garland, giving remarks about the lawsuit, highlighted public criticism over Live Nation-Ticketmaster’s “exorbitant fees and technological failures” and stated that this lawsuit is “what...more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Axinn, Veltrop & Harkrider LLP

HealthyCompetition.gov Portal Seeks Public Input on Healthcare Industry Practices

Expanding the range of ways they can identify and investigate potential competition concerns in healthcare, DOJ, FTC, and HHS recently announced the introduction of HealthyCompetition.gov, a new portal through which the...more

Cozen O'Connor

Federal Agencies Launch Public Portal to Bring Health Care Costs Back into Orbit

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The FTC, U.S. DOJ, and HHS have launched an online portal for the public to report potentially unfair and anticompetitive health care practices to the FTC and the Antitrust Division of the DOJ....more

MoginRubin LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

MoginRubin LLP on

For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more

Morrison & Foerster LLP

The White House Launches Interagency Strike Force Targeting Unfair and Illegal Pricing

As part of its whole-of-government effort to enforce the antitrust laws, the Biden administration recently launched a new interagency Strike Force on Unfair and Illegal Pricing (Strike Force), which will be co-chaired by the...more

Womble Bond Dickinson

FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

Womble Bond Dickinson on

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on...more

Lowenstein Sandler LLP

Antitrust Agencies’ Health Care RFI Signals Increased Scrutiny of PE Deals

Lowenstein Sandler LLP on

On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more

Paul Hastings LLP

Antitrust Authorities Keep Pressure Up on Private Equity, Focusing on Healthcare

Paul Hastings LLP on

A recent government initiative announced on March 5, 2024 signals that more antitrust scrutiny for private equity firms and asset managers is on the horizon. The U.S. antitrust agencies, the Federal Trade Commission (“FTC”)...more

Paul Hastings LLP

FTC and DOJ Solidify Expanded Merger Enforcement in Finalized Merger Guidelines

Paul Hastings LLP on

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) released final revisions to the Merger Guidelines (the “2023 Merger Guidelines”) that frame the agencies’...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 3rd Quarter 2023

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The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more

Holland & Knight LLP

FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

Holland & Knight LLP on

The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more

Stevens & Lee

FTC and DOJ Issue Proposed Merger Guidelines Updates

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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

Kaufman & Canoles

PGA Tour, DP World Tour, and Public Investment Fund Announce Partnership

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On Tuesday June 6, 2023, the PGA Tour, DP World Tour, and the Public Investment Fund (PIF) announced an agreement to combine PIF’s golf-related commercial businesses and rights (including LIV Golf) with the commercial...more

BakerHostetler

Antitrust Implications Loom Large in PGA Tour-LIV Golf Merger

BakerHostetler on

In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws...more

Cozen O'Connor

Google Sued by States and U.S. DOJ over Alleged Anticompetitive Conduct in Digital Ad Tech Space

Cozen O'Connor on

A bipartisan coalition of eight AGs and the U.S. Department of Justice filed an antitrust suit against Google LLC alleging anticompetitive, monopolistic conduct regarding digital advertising technologies in violation of the...more

Shook, Hardy & Bacon L.L.P.

The New Antitrust, 2022-2023

Antitrust is in the news. Old cartoons showing octopus-monopolist tentacles destroying Washington are no longer just for American history textbooks. Lina Khan—who rose to prominence with an article attacking the Chicago...more

Fisher Phillips

6 Antitrust Compliance Steps Employers Should Consider After First-Ever Federal Criminal Prosecution in Wage Fixing Case

Fisher Phillips on

A healthcare staffing firm in Nevada just pled guilty to conspiring with a competitor to fix wages for school nurses and agreeing not to solicit each other’s workers – the nation’s first-ever successful criminal prosecution...more

Wilson Sonsini Goodrich & Rosati

DOJ Secures First Criminal Guilty Plea in a No-Poach Case

Nearly six years after the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) put human resource executives and their companies on notice that no-poach and wage-fixing agreements would be subject to...more

Oberheiden P.C.

3 Ways to Respond to a DOJ Civil Investigative Demand (CID)

Oberheiden P.C. on

A civil investigative demand, or CID, is a powerful law enforcement tool that federal agencies such as the United States Department of Justice (DOJ) can use during the early stages of investigations into potential antitrust...more

Gray Reed

IN THE NEWS: The Potential Overhaul of M&A – Senator Elizabeth Warren’s Prohibiting Anticompetitive Mergers Act

Gray Reed on

United States Senator Elizabeth Warren (D-Mass.) and United States Representative Mondaire Jones (D-N.Y.) on March 16, 2022 introduced the Prohibiting Anticompetitive Mergers Act (the “Act”) to ban what they’ve called “the...more

Health Care Compliance Association (HCCA)

The Latest on Antitrust Compliance

Antitrust is a long-time risk area for compliance teams to manage, but its longevity does not mean it is not evolving. New issues arise as times and Administrations in Washington change. Nathan Mendelsohn, Associate in the...more

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