As we look back on 2024, one thing is clear: Antitrust enforcement in the technology sector continued at a steady pace, with global agencies showing no signs of relenting in their scrutiny of Big Tech companies....more
3/17/2025
/ Amazon ,
Antitrust Division ,
Artificial Intelligence ,
Big Tech ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA)
On March 6, 2025, the Federal Trade Commission (FTC) filed a lawsuit in federal court challenging GTCR BC Holdings, LLC's (GTCR) proposed acquisition of Surmodics, Inc. (Surmodics). The complaint alleges that the transaction...more
In the second quarter, federal and state antitrust enforcers continued their intense scrutiny of consolidation in the healthcare market by implementing new initiatives and laws designed to gather additional information...more
9/20/2024
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Conspiracies ,
Corporate Practice of Medicine ,
Criminal Conspiracy ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Mergers ,
Industry Consolidation ,
Market Participants ,
Mergers ,
Monopolization ,
Price Manipulation ,
Price-Fixing ,
Private Equity ,
Quality of Care Standards
2023 saw a significant uptick in antitrust scrutiny and enforcement, particularly in the healthcare space. After much rhetoric and a setback in challenging state Certificate of Public Advantage (COPA) laws, the Federal Trade...more
3/12/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Department of Labor (DOL) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms
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
8/28/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Board of Directors ,
Competition ,
Consent Decrees ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Popular ,
Safe Harbors ,
Section 5 ,
Section 8 ,
Statutory Authority ,
The Clayton Act
Antitrust enforcers remained active across the globe, with the announcement by the FTC and DOJ of proposed guidelines that have an emphasis on tech mergers in the United States, and several investigations of major tech deals...more
8/25/2023
/ Acquisitions ,
Adobe ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Provisions ,
Broadcom ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
Microsoft ,
Online Platforms ,
Popular ,
Proposed Guidance ,
Public Comment ,
Technology Sector ,
UK ,
UK Competition and Markets Authority (CMA) ,
Vertical Mergers
On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more
7/21/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Guidance Update ,
Hiring & Firing ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Rulemaking Process ,
Vertical Mergers
The start of 2023 has been a busy one, with global antitrust agencies advancing investigations and challenging a number of technology acquisitions. Future antitrust enforcement could also be shaped by new digital market...more
6/15/2023
/ Acquisitions ,
Adobe ,
Antitrust Division ,
Broadcom ,
Competition ,
Competition Authorities ,
Digital Marketplace ,
Divestiture ,
Enforcement Priorities ,
EU ,
Facebook ,
Federal Trade Commission (FTC) ,
Microsoft ,
Popular ,
Proposed Legislation ,
Remedies ,
UK ,
UK Competition and Markets Authority (CMA)
Summary -
..The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges....more
11/11/2022
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Horizontal Mergers ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Vertical Mergers
The third quarter in the life sciences space showed that business is generally proceeding as usual, with large pharma players successfully acquiring or licensing in clinical stage assets without running into antitrust delays....more
11/10/2022
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Bristol-Myers Squibb ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
GlaxoSmithKline ,
Health Technology ,
Life Sciences ,
Mergers ,
Metadata ,
Mobile Apps ,
Pfizer ,
Pharmaceutical Industry ,
Popular ,
Virtual Reality
On June 13, 2022, the Federal Trade Commission (“FTC” or “the Commission”) announced a consent agreement resolving concerns with a private equity acquisition, incorporating novel prior notice and approval requirements...more
6/17/2022
/ Anti-Competitive ,
Antitrust Division ,
Competition ,
Consent Order ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Notice Requirements ,
Private Equity ,
Private Equity Firms ,
Veterinarians
AGENCIES APPEAR POISED TO TARGET TECH, LIFE SCIENCES AND PRIVATE EQUITY TRANSACTIONS -
U.S. Federal Trade Commission (“FTC”) Chair Lina Khan and the head of the U.S. Department of Justice (“DOJ”), Antitrust Division,...more
On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more
7/15/2021
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Biosimilars ,
Competition ,
Data Collection ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Employee Benefits ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Health Insurance ,
Horizontal Mergers ,
Hospitals ,
Joint Statements ,
Licensing Rules ,
Merger Reviews ,
Mergers ,
Non-Compete Agreements ,
Online Marketplace ,
Pharmaceutical Industry ,
Prescription Drugs ,
Rulemaking Process ,
Surveillance ,
Technology Sector ,
Unfair Competition ,
Vertical Mergers ,
Wage and Hour