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2025 Changes to the HSR Pre-Merger Notification Thresholds, HSR Filing Fees, and Interlocking Directorate Thresholds

The Federal Trade Commission (FTC) announced on January 10, 2025, changes to the Hart-Scott-Rodino (HSR) Act notification thresholds and filing fees. The 2025 HSR reporting threshold will increase from $119.5 million to...more

Baker's Dozen: Women Olympians Leading the Way

In every corner of the world, women athletes are not just excelling in their sports – they're leading with resilience, determination, and unmatched excellence. The Olympic Games offered us a front-row seat to witness the...more

The End of Non-Competition Agreements? Not so Fast!

The Federal Trade Commission (FTC) issued a final rule in a partisan 3-2 vote on April 23, 2024 prohibiting employers from binding most American workers to post-employment non-competition agreements (the "Final Rule")....more

2024 Changes to the HSR Pre-Merger Notification Thresholds, HSR Filing Fees, Civil Penalties, and Interlocking Directorate...

January is the time of the year for the Federal Trade Commission (FTC) to announce the annual changes to several statutory thresholds, including those relating to the Hart-Scott-Rodino (HSR) Act notification thresholds and...more

FTC and DOJ Propose Major Overhaul of Merger Guidelines

On July 19, 2023, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) issued revised Merger Guidelines (Proposed Guidelines) that if adopted would lead to...more

FTC and DOJ Propose Sweeping Changes to Pre-Merger Notification Filings

Last week, the Federal Trade Commission and the Department of Justice Antitrust Division (together, the Agencies) issued a Notice of Proposed Rulemaking (NPRM) that if implemented would fundamentally change the...more

FTC Proposes Rulemaking to the Health Breach Notification Rule to Include Information Disclosures by Health Apps and Other...

On Thursday, May 19, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking and a request for public comment on proposed changes to the Health Breach Notification Rule (HBNR or, the Rule) that would...more

DOJ to Health Care Industry: There Are No Antitrust Safety Zones

The Justice Department's Antitrust Division (DOJ) recently withdrew its support from three joint policies with the Federal Trade Commission (FTC), each of which created antitrust safety zones for the health care industry. The...more

2023 Changes to the HSR Pre-Merger Notification Thresholds, Filing Fees, and Interlocking Directorate Thresholds

On January 23, 2023, the Federal Trade Commission (FTC) announced changes to the Hart-Scott-Rodino (HSR) Act notification thresholds and filing fees. The FTC is required by law to revise the jurisdictional thresholds...more

Healthcare Entities Take Notice: DOJ Antitrust Division and HHS-OIG Look to Cooperate More on Antitrust Enforcement in Health Care

On December 9, 2022, the U.S. Department of Justice's Antitrust Division and the Office of Inspector General of the U.S. Department of Health and Human Services (HHS-OIG) entered into a Memorandum of Understanding (MOU)...more

FTC Puts Employers on Notice: Employee Non-Competes Are Problematic and Could Soon be Unlawful

Over the summer, Federal Trade Commission (FTC) Chair Lina Khan announced that the FTC was considering a new regulation targeting employee non-competes and that the agency would also use enforcement actions to target them....more

New York Requests Public Comments Regarding PBM Patient-Steering

The New York State Department of Financial Services (Department) announced that it is requesting public comments on the Practice of Patient-Steering by Pharmacy Benefit Managers in New York State. Pharmacy Benefit Managers...more

HHS Issues Post-Dobbs HIPAA Privacy Guidance for Employer Health Plans, Other Covered Entities

In the wake of the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization and the evolving legal patchwork now confronting both patients accessing reproductive health care and their health care providers,...more

DOJ Cracks Down on Alleged Wage Fixing and No Poach Agreements

On January 28, 2022, the U.S. Department of Justice (DOJ) announced its indictment of four owners or managers of home health care agencies for allegedly violating federal antitrust laws by conspiring to fix the rates paid to...more

Annual Update to HSR Pre-Merger Notification Filing Thresholds for 2022

The Federal Trade Commission (FTC) announced on January 24, 2022 the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The FTC is required by law to revise the jurisdictional thresholds annually based...more

Employers Beware: Employee Non-Solicitation and Non-Recruitment Agreements Can Raise Potential Civil and Criminal Antitrust...

If the recent criminal prosecutions of health care entities for wage fixing and employee non-solicitation agreements have not done so already, a recently filed class action in Michigan should act as a clarion call for health...more

All Hands on Deck: Executive Order Promoting Competition in the American Economy

President Biden signed a sweeping Executive Order on July 9, 2021, that establishes a "whole-of-government effort to promote competition" in the U.S. economy. The Executive Order directs or encourages 12 federal agencies to...more

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