On January 26, 2024, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced updated guidance relating to parties’ obligations to preserve communications generated on ephemeral messaging platforms, such...more
On June 27, 2023, the Federal Trade Commission (FTC), in collaboration with the Department of Justice (DOJ) Antitrust Division, announced proposed changes to the Hart-Scott-Rodino (HSR) filing and notification form that...more
On February 3, 2023, the Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of several long-standing policy statements governing the exchange of certain information among competitors. The DOJ has no...more
The U.S. Department of Justice Antitrust Division (DOJ) recently announced the resignation of seven directors from five companies in the latest round of DOJ challenges to interlocking directorates....more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made no secret of their intentions to revamp antitrust enforcement and merger control efforts across wide swaths of the U.S. economy to curtail what...more
During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more
The Antitrust Division of the U.S. Department of Justice announced an update to its leniency policy for criminal antitrust enforcement on April 4, 2022, along with an accompanying set of updated FAQs. The updates effectively...more
Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more
On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more
1/26/2022
/ Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The U.S. Department of Justice Antitrust Division (DOJ) recently announced that two top executives of a talent and media agency resigned their positions on the board of directors for a competing business. They did so after...more
The U.S. Department of Justice’s Procurement Collusion Strike Force has struck again.
Launched in November 2019, PCSF is a multi-agency task force led by DOJ’s Antitrust Division and designed to combat antitrust crimes...more
While campaigning in 2020, President Biden broadcast his concern about increased market concentration in American agribusiness. To address perceived “monopolistic markets,” he promised to “protect small and medium-sized...more
Federal antitrust enforcers have long succeeded at unwinding consummated mergers. By contrast, private antitrust plaintiffs have not successfully forced companies to break up a completed acquisition. Until now.
On February...more
Just before leaving office, former President Trump signed the Competitive Health Insurance Reform Act (CHIRA) on January 13, 2021. Among other things, CHIRA amends the McCarran-Ferguson Act to repeal the federal antitrust...more
On February 2, 2021, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) in the Federal Register. The revised thresholds,...more
2/4/2021
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA), which provides additional benefits to the Leniency Program within the Department of Justice (DOJ), was reauthorized by President Trump on October 1, 2020....more
On September 3, 2020, the U.S. Department of Justice’s (DOJ) Antitrust Division (the Division) published the Merger Remedies Manual (the Manual), issuing new guidelines for remedying anticompetitive mergers. Specifically, the...more
In response to the COVID-19 pandemic, the Antitrust Division of the Department of Justice (DOJ) committed to issuing expedited “Business Review Letters” (BRLs) to provide requested guidance concerning permissible types of...more
In a year of many firsts, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published new Vertical Merger Guidelines on June 30, 2020 (Guidelines) — the first...more
On April 13, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their Joint Antitrust Statement Regarding COVID-19 and Competition In Labor Markets (Joint...more
Recent developments show that, while the Department of Justice (DOJ) is willing to offer incentives for cooperation with criminal antitrust investigations, it also is increasing the resources to root out and uncover...more
On January 10, 2020, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) Bureau of Competition published their Draft Vertical Merger Guidelines (Draft Guidelines). This was the first...more
In a sweeping policy change announced this past week, the Department of Justice Antitrust Division announced it will consider corporate compliance at the charging stage in criminal antitrust investigations. This is the first...more
Recent amendments to the Medicare Prescription Drug, Improvement and Modernization Act of 2003 (MMA), titled the Patient Right to Know Drug Prices Act, require parties to inform regulatory authorities of executed settlement...more
On April 25, 2018, the Department of Justice announced a new initiative to terminate over 1,000 open antitrust consent decrees. Modern antitrust consent decrees typically have a “sunset” provision in which an open judgment...more