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New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

DOJ and FTC Virtual Workshop: Agencies Discuss Whole-of-Government Approach and New Solutions to Address Competition Issues in...

On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President...more

Stop the Presses: DOJ Sues to Prevent Monopsony Resulting from Penguin Random House Acquisition of Simon & Schuster

On Tuesday, November 2, 2021, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a lawsuit in the U.S. District Court for the District of Columbia seeking to block an acquisition by Penguin Random House,...more

Busy Week for the FTC Shows Aspirations of and Limitations on Chair Khan’s Enforcement Agenda

Last week was momentous for the Federal Trade Commission. First, the campaign use antitrust to reign in “Big Tech” faced a setback as the United States District Court for District of Columbia dismissed the FTC’s suit against...more

More Antitrust News, Still None of it Good

In a joint press release, the FTC and Antitrust Division announced they are launching a review of the Merger Guidelines so the agencies "review mergers with the skepticism the law demands" in order to "determine if they are...more

President Biden’s Competition Executive Order’s “Encouragement” to the FTC and DOJ Antitrust Division

On July 9th, President Biden issued a broad-based Executive Order “to promote competition in the American economy.” In the White House’s own words...more

Big News, But Maybe Not so Big?

Antitrust reform advocate Lina Khan was designated as Chair of the FTC last week, a few minutes after her confirmation vote. She was confirmed on a bipartisan Senate vote although President Biden's plan to name her the agency...more

International Coalition of Competition Enforcement Agencies Seek Public Comment to Explore “New or Refreshed” Theories of...

On Tuesday, May 11, 2021, an international coalition of competition enforcement agencies including the Federal Trade Commission, the U.S. Department of Justice’s Antitrust Division, Offices of State Attorneys General,...more

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended in a Philadelphia U.S. district court. After six days of evidentiary...more

Ninth Circuit Reverses FTC Win in FTC v. Qualcomm, Finding No Antitrust Violations from Qualcomm’s Licensing of its...

In a reversal that came as no surprise to many observers, on Tuesday, August 11, 2020, a unanimous panel of the U.S. Court of Appeals for the Ninth Circuit reversed the decision by the U.S. District Court for the Northern...more

Commissioner Chopra Releases Statement on Private Equity Physician Practice Roll-Ups with FTC/DOJ HSR Annual Report

On Wednesday, an FTC Commissioner used the occasion of a routine report to Congress to send a warning shot to private equity firms, especially those rolling up health care providers. Commissioner Rohit Chopra, an advisor to...more

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