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Proposed FTC Budget Signals Continued Enforcement Initiatives

The Federal Trade Commission’s (FTC’s) recently proposed fiscal year 2025 budget makes clear that enforcement is still a high priority....more

Agencies Seek Information on Serial Acquisitions

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) launched a public inquiry seeking information concerning serial acquisitions and roll-up strategies....more

Close of Comment Period for RFI on Consolidation in Health Care Markets

On March 5, 2024, the Federal Trade Commission, the U.S. Department of Justice, and the U.S. Department of Health and Human Services (the “agencies”) issued a joint Request for Information on Consolidation in Health Care...more

FTC Requests Substantial Increase to FY 2025 Budget

The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission....more

Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care [Video]

After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures...more

Agencies Focus on Private Equity in Health Care

The Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” on March 5, 2024....more

Updated Merger Guidelines Finalized

On December 18, 2023, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued a significantly revised version of the Merger Guidelines that describes the frameworks the enforcement agencies...more

President Seeks More Antitrust Scrutiny of Health Care Transactions

On December 7, 2023, the Biden-Harris administration announced new initiatives it believes will “lower health care and prescription drug costs by promoting competition.”...more

Latest Status of Proposed Merger Guidelines

The public comment period for the 2023 draft updates to the Merger Guidelines (“Draft Guidelines”) issued by the Federal Trade Commission and U.S. Department of Justice has closed, and it is possible to review the 1,600...more

The Federal Trade Commission Moves Closer to a Full Complement of Commissioners

The Federal Trade Commission (FTC) is supposed to have five Commissioners appointed by the president with the advice and consent of the Senate....more

Beyond Civil Enforcement

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more

Are Conduct Remedies to Merger Challenges Back on the Table?

The leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice uniformly describe the mandate of their respective agencies as one of antitrust “enforcement” and not “regulation.”...more

Potential Hart-Scott-Rodino Changes on the Horizon

For the first time in 45 years, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are pursuing an overhaul of the Hart-Scott-Rodino (HSR) filing rules....more

FTC Makes Case for Increased Enforcement

The Federal Trade Commission (FTC) recently provided testimony to the House Committee on Appropriations, Subcommittee on Financial Services and General Government concerning its fiscal year (FY) 2024 budget request....more

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

New HSR Filing Fee Tier System in Effect

On February 27, 2023, the new Hart-Scott-Rodino (HSR) filing thresholds took effect. The size-of-transaction threshold changed from $101 million to $111.4 million, as the values are adjusted annually based on the change in...more

Second Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, kicked off the second annual Spring Enforcers Summit in Washington, DC, on March 27, 2023....more

DOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates

On March 9, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that five directors resigned from four separate corporate boards and that another corporation declined to exercise its board...more

DOJ Withdraws Long-Standing Support for Antitrust Enforcement Policy Statements in Health Care

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more

DOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements that have served for years as mainstays of health care...more

DOJ and HHS Coordinate Enforcement Efforts in Health Care

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Office of Inspector General of the U.S. Department of Health and Human Services (HHS) entered into a Memorandum of Understanding (MOU), effective December...more

DOJ Continues to Emphasize Antitrust Merger Enforcement

The Deputy Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (DOJ), Andrew Forman, recently spoke to the American Bar Association’s Mergers and Acquisitions Committee at the Business Law...more

FTC Commissioner Favors Fairness over Efficiency

On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more

FTC Testimony to Senate—with a Dissent

On September 20, 2022, the Chair of the Federal Trade Commission (FTC) testified before the U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights on “Oversight of the Enforcement...more

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

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