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Revised HSR Thresholds Now in Effect

Each year, the minimum jurisdictional thresholds associated with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) are adjusted by the Federal Trade Commission (FTC). The 2025 adjustments went into effect on...more

New HSR Premerger Notification Requirements Take Effect

The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....more

Leadership Changes and a New Direction at the FTC

On December 10, 2024, U.S. President-elect Donald Trump announced he would appoint current Commissioner Andrew Ferguson to lead the Federal Trade Commission (FTC) and nominate Mark Meador to fill the seat of outgoing Chair...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

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

FTC Chairwoman Defends Agency’s Enforcement Record

Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....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

Additional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines

On July 14, 2023, signaling a continuing shift in its position on antitrust issues, the Federal Trade Commission (FTC) followed the U.S. Department of Justice (DOJ) and withdrew the Statements of Antitrust Enforcement Policy...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

On First Anniversary of Executive Order on Competition, DOJ Celebrates Interagency Efforts to Promote Competitive Markets

The U.S. Department of Justice (DOJ) recently recognized the first anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (EO) and “celebrated the Antitrust Division’s most...more

American Hospital Association Pushes for Updates to Merger Guidelines

The American Hospital Association (AHA), on behalf of its nearly 5,000 members and clinician partners, recently responded to the federal antitrust agencies’ request for comments to help inform the agencies’ efforts to...more

A Divided FTC Withdraws 2020 Vertical Guidelines, Introducing Uncertainty into Review of Vertical Mergers

On September 15, 2021, by a 3-2 vote, the Federal Trade Commission (“FTC”) decided to withdraw the vertical merger guidelines that had been issued in 2020. In its statement supporting the withdrawal, the majority raised...more

Merger Reviews Likely to Address More Expansive—and Possibly New—Theories of Harm

Previously, as a member of the Republican-controlled Federal Trade Commission (“FTC”), Commissioner Rebecca Kelly Slaughter chided both the FTC Staff and her fellow Commissioners for, in her estimation, a failure to consider...more

Department of Justice Issues Updated Merger Remedies Manual

On September 3, 2020, the U.S. Department of Justice (“DOJ”) updated its Merger Remedies Manual (“the Manual”). This is the first update of the Manual since 2011, and it reinforces DOJ’s commitment to effective structural...more

A New Antitrust “Safety Zone” for Vertical Mergers

The U.S. Department of Justice and the Federal Trade Commission (collectively, “Agencies”) recently released for public comment their much-anticipated draft Vertical Merger Guidelines (“Guidelines”) that purport to “outline...more

Another Important Voice in Support of Retrospective Antitrust Reviews

In our last Antitrust Byte, we brought to your attention Federal Trade Commission (“FTC”) Commissioner Rebecca Slaughter’s support for retrospective reviews of vertical transactions. Not to be overlooked, however, is Chairman...more

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