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Google Search: Data Sharing as a Risk or Remedy?

Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Less Is More? Implications of the DOJ's $650 million Action Against KKR & Co.

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

The Latest on RealPage Collusion-by-Algorithm Litigation

Amended Complaints from DOJ, DC AG Reveal Enforcers' Views of Limits on Permissible Use of Pricing Software - The new year brought significant new changes to the still-developing collusion-by-algorithm litigation...more

Antitrust Under Trump 2.0: No More "Hipster Antitrust," But Scrutiny Will Remain

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

FTC Issues New HSR Rules Significantly Expanding Current Antitrust Reporting Obligations

The Federal Trade Commission (FTC) voted unanimously on Oct. 10, 2024, to substantially amend the Hart-Scott-Rodino Act (HSR) premerger notification rules, HSR form and instructions, expanding the scope of information and...more

Federal Court Searches for Answers in Antitrust Ad Tech Trial Against Google

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

DOJ Introduces New Twist in Algorithmic Collusion Cases

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

DOJ "Triples Down" on View that Use of Pricing Algorithms Can Support Price-Fixing Claims

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

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

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

FTC and DOJ Issue Final Merger Guidelines That Expand Reviews and Limit Combinations

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

Baby HSRs: States Are Modeling Laws After Federal Act to Investigate More Transactions

In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the...more

FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

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

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

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

Killing Deals Softly: FTC Proposes 107-Hour Increase in Hart-Scott-Rodino Burden

The Federal Trade Commission (FTC) on June 27, 2023, announced its intention to increase the cost and burden of its regulatory processes, which might prevent many even benign and procompetitive mergers and acquisitions (M&A)...more

DOJ Losses in No-Poach Prosecutions Mount, But Antitrust Caution Still Warranted

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

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

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

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

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

DOJ, FTC Conclude Listening Forums with Technology Industry in the Crosshairs

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

Media and Entertainment Industry Gets a Turn in DOJ-FTC Antitrust Hot Seat

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

FTC and DOJ Continue to Turn Up Antitrust Heat on Healthcare Industry

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

New DOJ “Strike Force” to Focus Attention on Antitrust Crimes in Government Procurement

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

DOJ Challenges Employer No-Poaching Agreements as Per Se Antitrust Violation

The DOJ's Antitrust Division sent a powerful message to the business community yesterday when it sued railroad equipment suppliers Knorr-Bremse AG and Westinghouse Air Brake Technologies Corporation (Wabtec) for entering into...more

DOJ’s Antitrust Division Demands Easier Path to Proof of Settlement Violations

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

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