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DOJ's Antitrust Division and the FTC Announce New Guidance on Preservation for Collaboration Tools and Ephemeral Messaging

The Antitrust Division of the U.S. Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") are updating language in document requests and compulsory process to address companies' increased use of collaboration...more

The Hammer Falls: U.S. Antitrust Agencies Issue Final Antitrust Merger Guidelines

As expected, the final guidelines expand the types of transactions that may receive heightened scrutiny or result in a merger challenge....more

DOJ Loses Fourth Consecutive Criminal Antitrust Prosecution in Labor Markets

A Connecticut district court acquitted six defendants of criminal antitrust violations arising out of alleged employee no-poach agreements, marking the first dismissal of a U.S. Department of Justice, Antitrust Division's...more

FAQ About the FTC's Controversial New "Unfair Methods of Competition" Policy

The Federal Trade Commission (“FTC”) released a new Policy Statement of its enforcement priorities for Section 5 of the FTC Act, which makes unlawful “unfair methods of competition.” Since the passage of the FTC Act in 1914,...more

FTC Resurrects Unilateral Preapproval in Merger Investigation Settlements to Halt Future "Anticompetitive" M&A

What Is the FTC's New "Prior Approval" Policy? At the end of an FTC investigation into the competitive impact of a merger, the agency may (i) take no action (allowing the parties to close), (ii) challenge the transaction...more

FTC Signals Aggressive Antitrust Policy as Part of Government Pro-Enforcement Agenda

Expansion of FTC's Interpretation of Its Antitrust Enforcement Authority -The Commission majority has reinvigorated a longstanding but dormant debate about the bounds of the FTC's authority under Section 5 of the FTC Act....more

Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more

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