As this fall’s election approaches, headwinds have been brewing in DC and state legislatures for private equity health care dealmaking, many of them with bipartisan support. While a key Senate committee scrutinized patient...more
In recent weeks, there have been several transformative developments that not only will profoundly impact antitrust and competition law but also shape the ability of so-called “Big Tech” to continue to dominate their...more
On July 22, 2024, Judge Rebecca R. Pallmeyer of the Northern District of Illinois issued a Memorandum Opinion and Order (“Opinion”), ultimately ruling to certify a class of vendors that provide back-end software to many of...more
The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more
3/6/2024
/ Antitrust Provisions ,
Colorado ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Grocery Stores ,
Kroger ,
Merger Controls ,
Mergers ,
No-Poaching ,
State Attorneys General
On Jan. 22, 2024, the Federal Trade Commission announced the 2024 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions...more
Last week, the Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on algorithms and their impact on competition and consumer rights. Businesses that use algorithms or machine...more
This summer, the Federal Trade Commission (“FTC”) issued a Notice of Proposed Rulemaking (“NPRM”) proposing extensive revisions to the rules that implement the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended...more
11/2/2023
/ Antitrust Investigations ,
Antitrust Provisions ,
Board of Directors ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Notice of Proposed Rulemaking (NOPR) ,
Private Equity ,
Proposed Rules ,
The Clayton Act
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
Last week, the U.S. Federal Trade Commission (FTC) and Department of Justice (DOJ) proposed 13 new federal guidelines for mergers and acquisitions—the first comprehensive update to the guidelines in over a decade and the...more
The Federal Trade Commission (FTC) has had a lively week. On Monday, President Joe Biden renominated Democratic Commissioner Rebecca Kelly Slaughter to the FTC. Then, on Tuesday, Republican Commissioner Christine Wilson...more
On Jan. 23, 2023, the Federal Trade Commission announced the 2023 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions...more
On Jan. 24, 2022, the Federal Trade Commission announced the 2022 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions...more
1/27/2022
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
On Friday, July 9, President Joe Biden signed an Executive Order (“Order”) entitled “Promoting Competition in the American Economy.” The Order outlines 72 actions by 12 federal agencies aimed at promoting competition...more
Republicans and Democrats have grown increasingly concerned about the power and influence of Big Tech. While both parties have been spurred to advance legislative remedies, their motivations for doing so are much different....more
On Feb. 4, 2021, Sen. Amy Klobuchar (D-MN) introduced sweeping legislation to amend the federal antitrust laws. The 56-page Competition and Antitrust Law Enforcement Act would, among other things, strengthen pre-merger...more
The Clinton DOJ attacked international cartels. The Obama DOJ prioritized merger enforcement. The Biden DOJ needs to focus on America’s monopoly problem.
Antitrust is like a three-legged stool, made up of criminal...more
On Feb. 2, 2021, the Federal Trade Commission announced the 2021 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), which decreased on a year-over-year basis for the first time...more
2/5/2021
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
With states and localities loosening restrictions across the country, health care businesses have returned to something closer to normal, perhaps refining the “new normal” as they adapt. Health care services previously deemed...more
Earlier this year, the two federal antitrust agencies—the Federal Trade Commission (FTC) and the Department of Justice (DOJ)—issued Draft Vertical Merger Guidelines (“Guidelines”). The Guidelines are intended to assist the...more
On Jan. 28, 2020, the Federal Trade Commission announced the 2020 adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The HSR Act notification requirements apply to transactions...more
1/30/2020
/ Acquisitions ,
Antitrust Provisions ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements