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The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more
Backing up its recent rhetoric, the FTC has filed suit against a private equity firm based on a “roll-up scheme” in the healthcare space. The FTC filed its complaint in federal district court in Texas, alleging that Welsh,...more
On September 8, 2023, federal court approved a consent decree from the Equal Employment Opportunity Commission (EEOC) with iTutorGroup Inc. and its affiliates (“iTutor”) over alleged age discrimination in hiring, stemming...more
On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more
Increasingly, employers are utilizing automated systems, including artificial intelligence (AI) or machine learning, to target job advertisements, recruit applicants, and make hiring decisions. Such systems expose employers...more
Senior officials at the US Department of Justice Antitrust Division (DOJ) and the US Federal Trade Commission (FTC) have made clear that they will not entertain or will sharply limit resolutions of merger investigations...more
Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more
The Federal Trade Commission (FTC) is on a roll in its efforts to signal to the digital health industry that data privacy must be a priority. The FTC announced a consent decree with BetterHelp on March 2, 2023, to settle...more
On Wednesday, the Federal Trade Commission (FTC) announced it had entered into consent decrees with three companies, requiring them to completely scrap their long-standing non-compete agreements with their employees. The FTC...more
The FTC recently took action against the online alcohol marketplace company Drizly and its CEO for alleged security failures. The case arose from a 2018 data breach which was caused – according to the FTC – by poor security...more
Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future...more
Private equity firms should take special note of the Federal Trade Commission’s recent consent decree in a deal combining two veterinary service providers, because it may be a bellwether of things to come....more
Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more
2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change. Originally published in Law360 -...more
In a move widely expected after the Federal Trade Commission’s Democratic majority rescinded a 1995 policy in July, the FTC issued a policy statement yesterday requiring prior approval provisions for settlements in future...more
The U.S. Federal Trade Commission (FTC) on October 13, 2021, warned 700 major consumer products companies and national advertisers that any future violations of the FTC’s endorsement and testimonial guidance could result in...more
Democratic AGs Seek Review of Sweeping U.S. Postal Service Changes - Two A group of 20 Democratic AGs, led by New York AG Letitia James and Pennsylvania AG Josh Shapiro, filed a complaint with the Postal Regulatory Commission...more
Here are last week’s curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: Greyhound Will No Longer Allow Suspicionless CBP...more
2022 AG Elections- Kansas Attorney General Eyes Governor’s Mansion- •Kansas AG Derek Schmidt announced his candidacy for the Republican nomination for Governor in 2022. •Schmidt, who first assumed the AG’s office in...more
The U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”), in the span of about 48 hours in the first days of March, wrapped up two challenges to hospital deals – one dropped, the other settled (pending...more
COVID-19- Selling Nonexistent PPE Is Not a Good Business Plan- •New York AG Letitia James reached a settlement with medical supply company Borgese Holdings, Inc. d/b/a IMPACT Medical & Surgical Solutions and its owner...more
Recently, a New York-based dietary supplement manufacturer (and its subsidiaries) issued a nationwide recall of all lots of dietary supplement products manufactured and sold between January 2013-November 2019. Because the...more
LEGISLATION, REGULATIONS & STANDARDS - Virginia Law Limiting Use of “Milk” Advances - Following a vote in the Virginia House Agriculture Subcommittee, the state’s House of Delegates will reportedly consider a bill that...more
On 18 November 2019 the American Bar Association's Antitrust Law Section hosted its annual Antitrust Fall Forum. This year, the Fall Forum focused its discussions on a range of issues that could arise from the agencies'...more
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