A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more
3/11/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Breach of Contract ,
Competition ,
Contract Terms ,
Dealerships ,
Internet Retailers ,
Manufacturers ,
OEM ,
Policies and Procedures ,
Popular ,
Retail Market ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...more
2/28/2025
/ Artificial Intelligence ,
Class Action ,
Commercial Litigation ,
Competition ,
Data Privacy ,
False Claims Act (FCA) ,
Fiduciary Duty ,
Innovation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Non-Compete Agreements ,
Regulatory Reform ,
Risk Management ,
Securities Regulation ,
Technology Sector
During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more
1/14/2025
/ Algorithms ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Section 2 ,
Sherman Act ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that...more
1/14/2025
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Premerger Notifications ,
Reporting Requirements
On January 7, 2025, the Federal Trade Commission (FTC) announced a settlement with three crude oil producers in which those companies will pay a $5.6 million fine to resolve claims they engaged in unlawful premerger...more
1/9/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Oil & Gas ,
Premerger Notifications ,
Sherman Act
Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in...more
11/25/2024
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Premerger Notifications ,
Regulatory Reform ,
Trump Administration
On November 12, 2024, the final rule issued by the Federal Trade Commission (FTC) amending premerger notification requirements under the Hart-Scott-Rodino (HSR) Antitrust Act was published in the Federal Register. The HSR Act...more
11/13/2024
/ Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
Hart-Scott-Rodino Act ,
New Rules ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements
On October 10, 2024, the Federal Trade Commission (FTC) voted unanimously to adopt new rules for the premerger notification form and reporting process under the Hart-Scott-Rodino (HSR) Act. The new rules expand the scope of...more
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it was withdrawing three “outdated” antitrust enforcement policy statements related to healthcare markets. “After careful...more
Following hard on the heels of President Biden’s July 9, 2021 “Executive Order on Promoting Competition in the American Economy,” which directed federal agencies to exercise their authority to promote competition and curtail...more
In a unanimous Opinion and Final Order issued on November 1, 2019, the Federal Trade Commission (“FTC”) upheld an administrative law judge’s determination that the acquisition by one leading US supplier of lower-limb...more
11/21/2019
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Divestment ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry