A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected -
The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more
With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more
1/13/2025
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Deregulation ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
Mergers ,
Regulatory Agenda ,
Technology ,
Trump Administration
Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more
12/6/2024
/ Algorithms ,
Antitrust Division ,
Bid Rigging ,
Class Action ,
Collusion ,
Data Collection ,
Motion to Dismiss ,
Price-Fixing ,
Sensitive Personal Information ,
Sherman Act ,
Software ,
Technology Sector
As Holland & Knight's Antitrust Team previously reported, the U.S. District Court for the District of Nevada in May 2024 dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators...more
Since early September 2024, the U.S. Department of Justice (DOJ) presented its case-in-chief against Google in a lawsuit accusing the company of anti-competitive and monopolistic practices in the complex digital advertising...more
It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more
8/27/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Class Action ,
Collusion ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
Multidistrict Litigation ,
Sherman Act
District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure -
In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more
The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits challenging the defendants' use of software to...more
4/25/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Caesars ,
Casinos ,
Class Action ,
Conspiracies ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hotels ,
Popular ,
Pricing ,
Proposed Legislation ,
Rental Property ,
Rental Rates ,
Sherman Act
As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more
3/8/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Asset Management ,
Biden Administration ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Popular ,
Private Equity ,
Private Equity Firms ,
Public Comment ,
Request For Information
After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more
12/21/2023
/ Acquisitions ,
Anticompetitive Agreements ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Joint Statements ,
Joint Venture ,
Limited Liability Company (LLC) ,
Merger Reviews ,
Mergers ,
Ownership Interest ,
Partnerships ,
Risk Assessment ,
Vertical Mergers
The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more
9/27/2023
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Division ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Industry Consolidation ,
Monopolization ,
Physicians ,
Private Equity ,
The Clayton Act
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more
7/25/2023
/ Antitrust Division ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Proposed Regulation ,
Section 7 ,
The Clayton Act
In this episode of "Counsel That Cares," antitrust attorney David Kully and labor and employment attorney Mark Peters take a deep dive into the latest updates regarding non-solicitation and non-compete agreements in the...more
6/29/2023
/ Antitrust Division ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Healthcare ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Proposed Legislation ,
Proposed Rules ,
Regulatory Agenda ,
State Bans
The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) have in recent years prioritized in their antitrust enforcement activities protecting workers from alleged anticompetitive...more
During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more
2/7/2023
/ Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Mergers ,
Policy Statement ,
Trade Associations
The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held the final installment of their "listening tour" on May 12, 2022, focused on the firsthand effects of mergers and...more
Shortly after the arrival last fall of Makan Delrahim as head of the DOJ's Antitrust Division, the DOJ quietly introduced a subtle but significant change to the consent decrees it uses to settle antitrust disputes. This...more