Oil companies ordered to pay $5.6 million for exerting beneficial control before the expiration of the mandatory HSR waiting period.
On January 7, 2025, the Federal Trade Commission (“FTC”) filed and resolved a merger...more
1/10/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Violations ,
Beneficial Owner ,
Competition ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Mergers ,
Purchase Agreement
Last week DOJ published an updated version of its guidance on the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (“Guidance”). These updates refresh the guidance originally issued in 2019,...more
Major New -
Requirements On October 10, 2024, the Federal Trade Commission (“FTC”) approved new rules for reporting mergers and acquisitions to the FTC and the Department of Justice (DOJ) under the Hart-Scott-Rodino...more
On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more
12/22/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
New Guidance ,
Sherman Act ,
The Clayton Act ,
Vertical Mergers
On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more
vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more
8/15/2023
/ Antitrust Division ,
Biden Administration ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
Mergers ,
Pre-Merger Filing Requirements ,
Public Comment ,
SCOTUS ,
United Healthcare Insurance Co. ,
Vertical Mergers
On June 27, 2023, the FTC and DOJ (the Agencies) jointly announced proposed changes to the HSR premerger notification form. The Notice of Proposed Rulemaking, which appeared in the Federal Register, includes provisions that...more
As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more
7/14/2021
/ Biden Administration ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
Rulemaking Process ,
Trade Secrets ,
Wage-Fixing
The White House announced today that President Joe Biden issued an expansive executive order designed to enhance competition across multiple sectors of the U.S. economy, including healthcare, technology, internet service,...more
On January 7, 2021, the Antitrust Division of the U.S. Department of Justice announced a two-count indictment of Surgical Care Affiliates LLC (“SCA”), which owns and operates outpatient medical care centers across the...more
On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical...more
12/15/2020
/ Antitrust Division ,
Antitrust Violations ,
Civil Sanctions ,
Compliance ,
Criminal Sanctions ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Indictments ,
Investigations ,
No-Poaching ,
Wage-Fixing
On Monday, September 21, 2020, the Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Act of...more
On Thursday, September 3, 2020, the Department of Justice’s Antitrust Division issued a revised Merger Remedies Manual (the “Manual”), which outlines the agency’s policies regarding merger remedies in transactions that raise...more
On November 5, 2019, the Justice Department announced the creation of a nationwide "strike force" to address criminal antitrust violations impacting government contracting, such as price fixing and bid rigging. The strike...more
11/8/2019
/ Antitrust Violations ,
Bid Rigging ,
Collusion ,
Criminal Antitrust Litigation ,
Criminal Conspiracy ,
DCIS ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Contractors ,
General Services Administration (GSA) ,
Inspector General ,
Price-Fixing ,
Public Procurement Policies ,
State Attorneys ,
USPS
On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more
6/18/2019
/ Administrative Hearings ,
Antitrust Division ,
Appeals ,
Competition ,
Department of Justice (DOJ) ,
Evidence ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Hospitals ,
Mergers ,
Monopolization ,
Preliminary Injunctions ,
Rebuttal
The Premerger Notification Office (“PNO”) of the Federal Trade Commission recently announced it would change how it and the Department of Justice evaluate transactions that involve the combination of one or more...more
The Department of Justice Antitrust Division recently brought a civil antitrust lawsuit against Duke Energy Corporation, alleging that the electric power generator engaged in illegal “gun jumping” by obtaining beneficial...more