On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...more
Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC) hosted a public workshop to “examine the...more
On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory...more
On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more
On September 5, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (the Agencies) hosted the first of three planned workshops intended to “facilitate public dialogue” on the 2023 FTC and DOJ Draft Merger...more
It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more
9/1/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Reviews ,
Mergers ,
Popular ,
Vertical Mergers
On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more
On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is...more
On June 1, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) released a summary of a workshop jointly held by the agencies in June 2022 titled “Future of...more
This Congress, both the House and Senate have engaged in a high-profile, high-stakes effort to reform antitrust rules for the tech industry. While efforts to pass a large scale tech competition bill have been stymied thus...more
It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlines a “whole-of-government” approach to...more
8/5/2022
/ Antitrust Provisions ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Popular ,
USDA
On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more
On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and...more
On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more
On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor,...more
On 22 December 2020, on a divided vote, the Federal Trade Commission (FTC or the Commission) issued a Commentary on Vertical Merger Enforcement (FTC Commentary) to provide “greater transparency to the public regarding its...more
The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
On 11 March 2020 the U.S. Department of Justice (DOJ) held a workshop to discuss comments on the draft vertical merger guidelines (the guidelines) published by DOJ and the Federal Trade Commission (FTC) on 10 January 2020....more
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have extended the deadline for public comments on the draft vertical merger guidelines (the Guidelines), which were published jointly by the agencies on 10...more
2/5/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Deadlines ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
On Friday, 10 January 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the agencies) announced the publication of draft vertical merger guidelines that describe how the agencies currently...more
1/14/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
Two recent antitrust investigations by the U.S. Department of Justice (DOJ) into student recruitment practices highlight the agency's increased interest in higher education. These investigations are the latest in a number of...more