As we anticipated, the FTC has appealed Judge Kernodle’s judgment in Chamber of Commerce v. Federal Trade Commission that vacated the FTC’s new HSR Rule and Form. Following Judge Kernodle’s decision to deny a further stay of...more
2/23/2026
/ Antitrust Litigation ,
Appeals ,
Appellate Courts ,
Chamber of Commerce ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Oversight ,
Rulemaking Process ,
Stays ,
Vacated
On February 12, 2026, Judge Kernodle of the U.S. District Court for the Eastern District of Texas struck down the U.S. Federal Trade Commission (“FTC”) Rule that, in the Court’s words, “significantly expands the amount of...more
2/16/2026
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
Rulemaking Process ,
Statutory Authority ,
Stays ,
Vacated
Yesterday, the D.C. Circuit issued the latest decision in the saga over President Trump’s firing of the Democratic Federal Trade Commission (FTC) Commissioners. That decision sets the stage for a likely emergency application...more
9/3/2025
/ Appeals ,
Appellate Courts ,
Appointments Clause ,
Article II ,
Constitutional Challenges ,
Consumer Product Safety Commission (CPSC) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Judicial Review ,
NLRB ,
Removal For-Cause ,
SCOTUS ,
Separation of Powers ,
Stays
In Gibson v. Cendyn Group, the U.S. Court of Appeals for the Ninth Circuit became the first federal court of appeals to evaluate an antitrust claim based on algorithmic pricing. The plaintiffs-appellants brought suit under...more
8/27/2025
/ Algorithms ,
Anticompetitive Behavior ,
Antitrust Conspiracies ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Appeals ,
Appellate Courts ,
Artificial Intelligence ,
Collaboration ,
Competition ,
Corporate Counsel ,
Machine Learning ,
Pricing ,
Rule-of-Reason Analysis ,
Sherman Act
Tennessee basketball player Zakai Zeigler has appealed the district court’s denial of his bid to secure a preliminary injunction against the NCAA’s “Four-Seasons Rule.” We will be closely following what the Sixth Circuit...more
6/24/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Appeals ,
Biden Administration ,
College Athletes ,
Department of Justice (DOJ) ,
NCAA ,
Preliminary Injunctions ,
Sherman Act ,
Student Athletes ,
Trump Administration