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
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
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 Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more
1/19/2023
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Private Equity ,
Private Equity Firms ,
Public Policy ,
The Clayton Act ,
Veterinarians
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
The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held another installment of their "listening tour" on April 27, 2022,1 with a focus during this session on the media and...more
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry...more
4/20/2022
/ Acquisitions ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Industry Consolidation ,
Mergers ,
Vertical Integration
On November 5, the Department of Justice (DOJ) sent a message to which everyone in the government contracting, federal grant and program funding worlds should pay attention to by announcing the creation of a "Procurement...more
11/13/2019
/ Antitrust Provisions ,
Bid Rigging ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
DOJ Strike Force ,
FBI ,
Federal Contractors ,
Federal Funding ,
Federal Procurement Systems ,
General Services Administration (GSA) ,
Strategic Enforcement Plan
After the U.S. Court of Appeals for the Seventh Circuit ruled on Oct. 31, 2016, that the district court's refusal to enjoin the merger of two hospital systems in Chicago's northern suburbs was based on an improper antitrust...more
As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more
1/25/2017
/ Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Copyright ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Licensing Rules ,
Obama Administration ,
Patents ,
Qualcomm ,
Standard Essential Patents ,
Technology ,
Technology Sector ,
Trade Secrets
Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more
1/24/2017
/ Antitrust Provisions ,
Antitrust Violations ,
Appeals ,
Common Carriers ,
Damages ,
Department of Justice (DOJ) ,
Federal Maritime Commission ,
Immunity ,
Price-Fixing ,
Shipping ,
Shipping Cargo ,
Vessels
The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to...more
The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more
11/28/2016
/ Antitrust Investigations ,
Antitrust Provisions ,
Common Carriers ,
Competition ,
Damages ,
Department of Justice (DOJ) ,
Federal Maritime Commission ,
Maritime Transport ,
Price-Fixing ,
Sherman Act ,
Shipping ,
Shipping Cargo ,
The Clayton Act ,
Vessels
The fall of 2016 has proved to be a difficult time for hospitals seeking to complete mergers in the face of antitrust challenges brought by the Federal Trade Commission (FTC). After failing initially to persuade federal...more
The Antitrust Division of the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) on Oct. 20, 2016, jointly released Antitrust Guidance for Human Resource Professionals, cautioning employers about...more
10/28/2016
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Recruitment Policies ,
Restrictive Covenants ,
Risk Mitigation ,
Sherman Act