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Stay Above Board In 2024: New Thresholds Applicable to Clayton Act Prohibition on Interlocking Directorates

The Federal Trade Commission recently announced revised thresholds (“2024 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Biden Administration Files Two New Lawsuits Aimed at Exclusionary Conduct and Information Exchanges

This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...more

Government Shutdown’s Impact on Antitrust Merger Review

With one day for Congress to enact appropriations funding federal government operations, the Federal Trade Commission and Department of Justice, Antitrust Division (the “Agencies”) each issued a contingency plan (the “Plans”)...more

A Noisy Exit by FTC Commissioner Wilson

Commissioner Christine Wilson announced her resignation from the Federal Trade Commission (“FTC”) on February 14, 2023 in a Wall Street Journal Op-Ed. Commissioner Wilson’s very public resignation confirms the deep divide...more

Stay above board: new thresholds applicable to Clayton Act prohibition on interlocking directorates

The Federal Trade Commission recently announced revised thresholds (“2023 Thresholds”) applicable to Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually based on changes in gross national...more

Elevating Antitrust Issues: President Biden’s New Executive Order

During an already busy year for antitrust legislative and regulatory proposals, on July 9, 2021, President Biden issued Executive Order 14036: “Promoting Competition in the American Economy.” The Executive Order (“EO”)...more

From Big Tech Critic to Head Regulator: Lina Khan Will Lead the FTC with Bipartisan Support

Four days after Congress introduced five antitrust bills with significant levels of bipartisan support, President Biden appointed - and Congress overwhelmingly approved - notable Big Tech critic Lina Khan to be the Chair of...more

New Antitrust Bills Highlight Continued Big Tech Scrutiny

2021 has been a busy year for antitrust legislation. On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced the Competition and Antitrust Law Enforcement Act of 2021 (“Klobuchar Bill”)....more

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

Big Tech Under Fire: New Antitrust Bill Targets “Extremely Large” Companies

On February 4, 2021, Senator Amy Klobuchar (D-MN) and four other senators introduced S. 225, the Competition and Antitrust Law Enforcement Act of 2021 (the “Bill”). The Bill amends the Clayton Act in three key areas: (1)...more

Global Antitrust Tracker Maps: How is COVID-19 impacting antitrust enforcement, merger control and state aid?

BCLP’s global Antitrust & Competition team have been tracking the various ways COVID-19 is impacting antitrust enforcement, merger control, state aid and foreign direct investment rules ("FDI") in key jurisdictions around the...more

U.S. Antitrust Agencies Seek To Provide Expedited Responses To Competitor Collaboration Business Evaluation Requests

Competitors, especially healthcare providers, are actively seeking ways to engage in collaborative efforts to help address the COVID-19 outbreak. Appreciating the challenge, necessity, and time pressures of such competitor...more

President Trump Nears Full Slate of Nominees for FTC

President Trump has announced an additional nominee for the Federal Trade Commission, naming Christine Wilson to fill the remaining Republican seat. Ms. Wilson currently serves as a Senior Vice President at Delta Airlines,...more

Federal Trade Commission Increases Interlocking Directorates Thresholds

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds are effective today, January 26, 2017....more

Agencies Issue Updated Antitrust Guidelines for the Licensing of Intellectual Property

On January 12, 2017, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued an update to the 1995 Antitrust Guidelines for the Licensing of...more

Agencies Issue Antitrust Guidance to Human Resources Professionals

On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued guidance for human resource professionals involved in hiring and...more

Federal Trade Commission Increases Interlocking Directorates Thresholds

Last week the Federal Trade Commission published its annual revision of the interlocking directorates thresholds under Section 8 of the Clayton Act. The new thresholds became effective on January 26, 2016....more

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