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FTC Issues RFI on Anti-Competitive Regulations

On April 14, 2025, following President Trump’s recently issued executive order addressing regulatory barriers to competition, the Federal Trade Commission (FTC) issued a Request for Public Comment Regarding Reducing...more

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 FTC Chairman Signals Change

Andrew Ferguson officially took over as Chairman of the Federal Trade Commission (FTC) on January 20, 2025. The former Solicitor General for the Commonwealth of Virginia was initially sworn in as an FTC Commissioner last...more

Agencies Issue Antitrust Guidelines for Business Practices Impacting Workers

On January 16, 2025, the U.S. Department of Justice and the Federal Trade Commission (together, “the agencies”) jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The newly issued guidelines...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

FTC Receives Grades for Its FY 2024 Performance

The Federal Trade Commission (FTC) recently issued its financial performance report for fiscal year (FY) 2024. The Office of Management and Budget requires a financial performance report on an annual basis. The FY 2024...more

House Report Is Critical of Chair Khan’s Administration of FTC

On October 31, 2024, the U.S. House Committee on Oversight and Accountability (“Committee”) released its staff report (“Report”) entitled “The Federal Trade Commission Under Chair Lina Khan: Undue Biden-Harris White House...more

FTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation - Antitrust Byte | Epstein Becker...

As many as 19 states maintain the ability to exercise local control over hospital competition by offering industry participants wishing to merge a certificate of public advantage (COPA)....more

Newly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy

In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...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

Federal Antitrust Enforcement Agencies Launch New Reporting Tool

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and U.S. Department of Health and Human Services recently launched a new online portal that allows the public to report potential anticompetitive practices...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

Revised HSR Thresholds Announced

On January 22, 2024, the Federal Trade Commission (FTC) approved revised thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR)....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

New Antitrust Theory: Cross-Market Effects

Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more

FTC Warns Against Contract Provisions It Believes Could Impede Its Investigations

The Federal Trade Commission’s (FTC’s) Bureau of Competition (the “Bureau”) recently issued a statement identifying concerns with commonly used contractual provisions....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 Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers

In two recently issued statements, the Federal Trade Commission (FTC) reiterated its long-held view that states are not in a position to effectively displace competition with regulatory oversight....more

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....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

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