A Look at How Future Disclosures Under the Hart-Scott-Rodino Act Could Be Affected -
The U.S. Department of Justice (DOJ) on Jan. 14, 2025, brought an action in the U.S. District Court for the Southern District of New York...more
Amended Complaints from DOJ, DC AG Reveal Enforcers' Views of Limits on Permissible Use of Pricing Software -
The new year brought significant new changes to the still-developing collusion-by-algorithm litigation...more
With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more
1/13/2025
/ Acquisitions ,
Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Deregulation ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Mergers ,
Mergers ,
Regulatory Agenda ,
Technology ,
Trump Administration
Starting in October 2022, companies that use software to assist in setting prices for their products have faced an avalanche of litigation claiming that the common use by competitors of the same pricing software inflates...more
12/6/2024
/ Algorithms ,
Antitrust Division ,
Bid Rigging ,
Class Action ,
Collusion ,
Data Collection ,
Motion to Dismiss ,
Price-Fixing ,
Sensitive Personal Information ,
Sherman Act ,
Software ,
Technology Sector
As Holland & Knight's Antitrust Team previously reported, the U.S. District Court for the District of Nevada in May 2024 dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators...more
It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more
8/27/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Class Action ,
Collusion ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
Multidistrict Litigation ,
Sherman Act
Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more
6/25/2024
/ Antitrust Litigation ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Manufacturers ,
Orange Book ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Section 2 ,
Section 5 ,
Sherman Act ,
Teva Pharmaceuticals
In Federal Trade Commission v. U.S. Anesthesia Partners, Inc. et al., a federal district court granted private equity firm Welsh, Carson, Anderson & Stowe's motion to dismiss it from the Federal Trade Commission's (FTC)...more
A Nevada federal court on May 8, 2024, dismissed with prejudice a putative class action alleging that a handful of Las Vegas hotel operators and a software provider broke antitrust laws by licensing and using a software...more
5/17/2024
/ Algorithms ,
Amended Complaints ,
Confidential Information ,
Dismissal With Prejudice ,
Dismissals ,
Hospitality Industry ,
Hotels ,
Price-Fixing ,
Putative Class Actions ,
Sherman Act ,
Software
As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more
3/8/2024
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Asset Management ,
Biden Administration ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Popular ,
Private Equity ,
Private Equity Firms ,
Public Comment ,
Request For Information
After "an extensive public consultation process" since late July 2023, the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Antitrust Division on Dec. 18, 2023, jointly announced the release of final Merger...more
12/21/2023
/ Acquisitions ,
Anticompetitive Agreements ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Joint Statements ,
Joint Venture ,
Limited Liability Company (LLC) ,
Merger Reviews ,
Mergers ,
Ownership Interest ,
Partnerships ,
Risk Assessment ,
Vertical Mergers
In a growing trend, states are enacting laws modeled after the federal Hart-Scott-Rodino (HSR) Act, which requires parties to proposed transactions that satisfy certain reporting thresholds to first provide information to the...more
The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more
9/27/2023
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Division ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Industry Consolidation ,
Monopolization ,
Physicians ,
Private Equity ,
The Clayton Act
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more
7/25/2023
/ Antitrust Division ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Mergers ,
Proposed Regulation ,
Section 7 ,
The Clayton Act
During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more
2/7/2023
/ Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Mergers ,
Policy Statement ,
Trade Associations
The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more
1/19/2023
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Private Equity ,
Private Equity Firms ,
Public Policy ,
The Clayton Act ,
Veterinarians
The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held the final installment of their "listening tour" on May 12, 2022, focused on the firsthand effects of mergers and...more
The Federal Trade Commission (FTC) and Antitrust Division of the U.S. Department of Justice (DOJ) held another installment of their "listening tour" on April 27, 2022,1 with a focus during this session on the media and...more
The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) continued their online listening tour on April 14, 2022, with a discussion regarding the effects of mergers and acquisitions on the healthcare industry...more
4/20/2022
/ Acquisitions ,
Antitrust Provisions ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Hospital Mergers ,
Industry Consolidation ,
Mergers ,
Vertical Integration
Federal antitrust enforcement in the agricultural industry had been little more than a whisper for decades. The Obama Administration announced it was making agricultural antitrust enforcement a priority and then held...more