On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors...more
3/7/2025
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Bid Rigging ,
Collusion ,
Competition ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Horizontal Agreements ,
SCOTUS ,
Sherman Act ,
Statutory Violations ,
Unfair Competition ,
Vertical Agreement
Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more
1/17/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employees ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Labor Reform ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants
The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions that meet or exceed...more
The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more
1/9/2025
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fines ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Oil & Gas
Last week, the Supreme Court declined cert for the Fourth Circuit’s Brewbaker decision, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors when the target companies have a hybrid...more
Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more
6/14/2024
/ Algorithms ,
Analytics ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Corporate Counsel ,
Data Reporting ,
Department of Justice (DOJ) ,
Dismissal With Prejudice ,
Federal Trade Commission (FTC) ,
Popular ,
Pricing ,
Sherman Act ,
Software ,
State Attorneys General ,
Statutory Violations
On May 9, Assistant Attorney General (AG) Jonathan Kanter announced that Department of Justice’s (DOJ) Antitrust Division has formed a Task Force on Healthcare Monopolies and Collusion (HCMC). The initiative will bring...more
On March 5, the Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care.” The event is part of the agency’s effort to publicize and...more
3/8/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Investment ,
Private Equity ,
Request For Information
The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed...more
1/26/2024
/ Antitrust Division ,
Antitrust Provisions ,
Civil Monetary Penalty ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Private Equity ,
Regulatory Requirements ,
Statutory Violations ,
The Clayton Act ,
Threshold Requirements ,
Venture Capital
Assistant Attorney General Jonathan Kanter, for the Department of Justice’s (DOJ) Antitrust Division, has been openly and repeatedly skeptical of merger remedies and settlements: “Merger remedies short of blocking a...more
The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more
8/30/2023
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Merger Agreements ,
Merger Controls ,
Public Comment ,
Regulatory Agenda ,
Regulatory Reform
The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more
8/4/2023
/ Acquisitions ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
NAICS ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers