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FTC and DOJ Antitrust Division Will Update Guidance on Companies’ Preservation Responsibilities for Collaboration Tools and...

On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more

Congress Increases Merger Filing Fees for Large Deals and Makes Other Significant Changes

Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) on December 22, 2022, and President Biden signed it into law on December 29, 2022. The Act significantly amends the Hart-Scott-Rodino Act (the “HSR Act”)...more

FTC Proposes Sweeping Ban of Employee Non-Competes

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule broadly seeking to ban non-compete agreements with nearly all U.S. workers, with only limited exceptions. The proposed rule would: •make it...more

U.S. Antitrust Authorities’ Recent Scrutiny of Interlocking Directorates Signals Escalation of Enforcement Under Section 8 of the...

Recent scrutiny of interlocking directorates – when a person serves as an officer or board director of two competing corporations – by the U.S. Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission...more

New Merger Guidelines – What Clues Can We Learn from the Public Comments?

The Biden Administration intends to reshape merger enforcement as part of its broader initiative to change U.S. antitrust law. In keeping with the Administration’s goals, the Federal Trade Commission (FTC) and the Department...more

We (Finally) Have a Senate-Confirmed Leader of the Antitrust Division: What Happens Next?

On November 16, 2021, the Senate voted 68–29 to confirm Jonathan Kanter as the Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ). Kanter’s confirmation is significant because the...more

New FTC Policy Restricts Future Acquisitions for Some Merging Parties

On October 25, 2021, the Federal Trade Commission (FTC or Commission) adopted a new policy requiring merging parties that enter into settlements to resolve competition concerns to give the FTC veto power over future deals in...more

FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming?

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more

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