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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

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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

Private Equity Firm Welsh Carson Dismissed from FTC Antitrust Action

In Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., a federal district court granted private equity firm Welsh, Carson, Anderson & Stowe's motion to dismiss it from the Federal Trade Commission's (FTC)...more

Algorithmic Price-Fixing Claims Terminated

A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...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

New FTC Rule Bans Non-Compete Agreements in All Employment Contracts

The Federal Trade Commission (FTC) issued a new rule on April 23, 2024, banning new non-compete agreements in all employment contexts. The highly anticipated rule, which was first proposed in draft form in January 2023, is...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

State Action Immunity Trumps Federal Pre-Merger Notification Requirements

The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...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

Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare [Video]

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

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

FTC Focuses on M&A in the Agricultural and Food Industry

Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held...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

AndroGel Litigation Finally Ready for Trial, But Plaintiffs’ Paths to Proving Causation Curtailed

Five years after the U.S. Supreme Court found in FTC v. Actavis, 570 U.S. 136 (2013), that large and unjustified payments from a brand pharmaceutical manufacturer to prevent generic entry can provide a basis for an antitrust...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

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