As the first year of the second Trump administration comes to a close, some themes have emerged with respect to the antitrust enforcement agenda of the Republican-led Federal Trade Commission (FTC) and Department of Justice...more
1/26/2026
/ Antitrust Division ,
Competition ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Popular ,
Regulatory Oversight ,
Regulatory Requirements ,
Trump Administration ,
Tunney Act ,
Unfair or Deceptive Trade Practices
The Department of Justice Antitrust Division (DOJ) announced on November 24, 2025, that it has entered into a proposed settlement agreement with real estate services company RealPage to resolve allegations that the company...more
12/9/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Data Collection ,
Data-Sharing ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Landlords ,
Machine Learning ,
Property Owners ,
Settlement
A District of Columbia federal judge has ruled that Meta does not have a monopoly in the market for social media in the United States, rejecting the Federal Trade Commission (FTC)'s allegations that the company maintained...more
On October 14, 2025, Attorneys General for twelve states and the District of Columbia (together, the States) filed a Motion to Intervene in the California District Court proceeding involving the merger settlement between the...more
10/24/2025
/ Antitrust Division ,
Antitrust Litigation ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Hewlett-Packard ,
Merger Agreements ,
Merger Controls ,
Motion To Intervene ,
Settlement Agreements ,
State and Local Government ,
State Attorneys General ,
Trump Administration ,
Tunney Act
As we have previously reported, antitrust enforcers at the Department of Justice (DOJ), Federal Trade Commission (FTC), and offices of state attorneys general, as well as private plaintiffs, have been heavily scrutinizing the...more
On September 5, the FTC ended the nearly 18-month legal purgatory for the agency’s Non-Compete Clause Rule, voting to withdraw its appeal of a Texas District Court’s decision setting aside the Rule, and accede to the Rule’s...more
9/15/2025
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition ,
Wage and Hour
The Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) have concluded a series of three listening sessions focused on competition in the pharmaceutical industry.
...more
9/4/2025
/ Antitrust Division ,
Biosimilars ,
Competition ,
Department of Justice (DOJ) ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Hatch-Waxman ,
Healthcare ,
Intellectual Property Protection ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Prescription Drugs
On August 13, 2025 the White House announced that President Trump revoked President Biden's July 2021 Executive Order on Promoting Competition in the American Economy (the “Executive Order”). The Biden Executive Order had...more
The Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) recently announced a series of proposed merger settlement agreements that offer increased insight into how the agencies intend to use...more
7/24/2025
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Mergers ,
Non-Compete Agreements ,
Popular ,
Remedies ,
Settlement ,
Trump Administration
Washington and Colorado recently passed laws that require parties that file premerger filings pursuant to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) and meet certain state-specific thresholds to...more
The Department of Justice Antitrust Division (DOJ Antitrust Division) has announced that it is launching a Whistleblower Rewards Program that will offer monetary awards to individuals who report antitrust crimes. The new...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have filed a Statement of Interest (SOI) supporting a lawsuit brought by a coalition of Republican states alleging that three large...more
On May 21, 2025 the Federal Trade Commission (FTC) issued renewed warning letters to five companies regarding over 200 allegedly improperly-listed patents in the Food and Drug Administration (FDA)’s Orange Book. Announcing...more
As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more
5/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Trump Administration
In a speech at Notre Dame Law School on April 28, 2025, Gail Slater, Assistant Attorney General (AAG) for the Department of Justice (DOJ) Antitrust Division, provided a detailed summary of her approach to antitrust...more
As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more
4/25/2025
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mergers ,
Monopolization ,
Technology Sector ,
Trump Administration
Under the leadership of recently-appointed Assistant Attorney General (AAG) Gail Slater, the Department of Justice Antitrust Division (“DOJ” or “the Division”), has announced the launch of the Anticompetitive Regulations Task...more
On March 18, 2025, President Donald Trump fired the two remaining Democratic Commissioners on the Federal Trade Commission (FTC), Rebecca Kelly Slaughter and Alvaro Bedoya. Their firing sets the stage for a potential...more
The Federal Trade Commission (FTC), under the new leadership of Republican Chair Andrew Ferguson, has announced the formation of a Joint Labor Task Force to “prioritize rooting out and prosecuting deceptive, unfair, and...more
3/10/2025
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Labor Reform ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
On January 20, 2025, President Trump repealed the Biden Administration’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“Biden AI Order”) on the basis that it “hinder[ed]...more
2/21/2025
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Innovation ,
Popular ,
Technology Sector ,
Trump Administration
Federal antitrust enforcement is entering a period of uncertainty in the second Trump administration. It is an open question what priorities Andrew Ferguson, the newly-appointed Federal Trade Commission (FTC) Chair, and Gail...more
There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more
1/13/2025
/ Acquisitions ,
Algorithms ,
Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
FTC Act ,
Hart-Scott-Rodino Act ,
Mergers ,
Section 5 ,
The Clayton Act ,
Trump Administration
In an update to our prior report on the evolving antitrust landscape for algorithmic pricing, a federal judge in Washington recently denied a motion to dismiss claims that a group of multifamily rental property managers...more
The Federal Trade Commission (FTC) is currently facing a growing number of challenges related to the constitutionality of the agency’s structure and operation. One of these challenges was raised by current FTC...more
On October 24, 2024, the District Court for the Southern District of New York granted the Federal Trade Commission (“FTC”)’s request for a preliminary injunction to halt the merger between Tapestry, Inc. (“Tapestry”) and...more