On February 12, 2026, a federal district court in the Eastern District of Texas vacated the Federal Trade Commission’s new Hart‑Scott‑Rodino Act premerger notification form, concluding that in its 2025 comprehensive overhaul...more
2/24/2026
/ Administrative Procedure Act ,
Appeals ,
Arbitrary and Capricious ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
Premerger Notifications ,
Required Forms ,
Statutory Authority ,
Vacated
California has become the latest State to adopt a “mini HSR Act”, continuing a trend of increased State-level antitrust scrutiny of mergers and acquisitions activity....more
2/16/2026
/ Antitrust Provisions ,
California ,
Corporate Counsel ,
Hart-Scott-Rodino Act ,
Merger Controls ,
New Legislation ,
Notification Requirements ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements ,
State Attorneys General
On Friday, January 30, 2026, Andrew Ferguson, the Chairman of the Federal Trade Commission (FTC), sent warning letters to over 40 law firms about their purported involvement in the Mansfield Certification program, a diversity...more
A recent federal district court decision in FTC v. Edwards Lifesciences adds another win to U.S. enforcers’ efforts to apply traditional antitrust principles to mergers involving early‑stage or pre‑commercial products. ...more
2/3/2026
/ Acquisitions ,
Antitrust Litigation ,
Antitrust Provisions ,
Early Stage Companies ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Life Sciences ,
Medical Devices ,
Mergers ,
Preliminary Injunctions ,
Research and Development ,
Section 7 ,
The Clayton Act
The Federal Trade Commission (“FTC”) recently announced revised thresholds (“2026 Thresholds”) applicable to interlocking directorates under Section 8 of the Clayton Act, 15 U.S.C. § 19. The thresholds are adjusted annually...more
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
Companies would be wise to start the new year by reviewing their policies for compliance with the FTC Rule on Consumer Reviews & Testimonials, as warning letters sent by the Federal Trade Commission signal that this may be an...more
1/6/2026
/ Advertising ,
Consumer Protection Laws ,
Corporate Counsel ,
Disclosure Requirements ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Final Rules ,
Online Reviews ,
Regulatory Oversight ,
Social Media ,
Social Networks ,
Testimonial Statements ,
Unfair or Deceptive Trade Practices
The Federal Trade Commission (FTC) has issued warning letters to thirteen property management software providers notifying them that their pricing practices may violate consumer protection and antitrust laws. The warning...more
12/17/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Consumer Protection Laws ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hidden Fees ,
New Legislation ,
Pricing ,
Property Management Companies ,
Rental Property ,
Software ,
Unfair or Deceptive Trade Practices ,
Warning Letters
In recent weeks, there have been significant developments in the legal landscape of pricing and pricing algorithm laws in New York and California. In light of the quickly changing law on pricing, clients should be thinking...more
In Media Matters v. Federal Trade Commission, the Federal Trade Commission (FTC) suggested that issues surrounding the scope, validity, and enforceability of a civil investigative demand (CID) should be addressed during an...more
At the Ag Outlook Forum in Kansas City, Missouri, Secretary of the U.S. Department of Agriculture (“USDA”) Brooke Rollins made the surprise announcement in her “View from USDA” that USDA and the U.S. Department of Justice...more
The European Commission (the “Commission”) has fined Delivery Hero and Glovo €329 million for their involvement in an online food delivery cartel. ...more
8/14/2025
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Cartels ,
Competition Authorities ,
Corporate Fines ,
Delivery Drivers ,
Employees ,
Enforcement Actions ,
European Commission ,
Germany ,
Merger Controls ,
Minority Shareholders ,
Spain
Recent enforcement actions and media coverage have increased scrutiny on director interlocks under the Clayton Act, which prohibits individuals serving at the same time as directors or officers of companies that compete....more
8/1/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Board of Directors ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Popular ,
Private Equity ,
Privately Held Corporations ,
Publicly-Traded Companies ,
The Clayton Act ,
Threshold Requirements
On Thursday, April 10, the U.S. Senate voted to confirm Mark Meador as a Commissioner of the FTC. Previously, it was expected that Meador’s confirmation would lead to significant changes at the FTC, as his presence on the...more
Both the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have now brought cases challenging deals under President Trump’s administration. In many respects, the theories of harm alleged in...more
3/24/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Healthcare ,
Horizontal Merger Guidelines ,
Likelihood of Harm ,
Mergers ,
Private Equity ,
Technology Sector
The legal world has been abuzz with news of the Federal Communications Commission's One-to-One Consent Rule, which was vacated by the 11th Circuit Court of Appeals last month. However, an additional new FCC rule warrants...more
On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more
1/20/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Elon Musk ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Microsoft ,
Section 8 ,
The Clayton Act
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
1/15/2025
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (“FTC”) sent a firm message—unlawful coordination of merging businesses prior to the closing under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act will be aggressively enforced. On...more
This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more
12/31/2024
/ Antitrust Litigation ,
Competition ,
Distributors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Presidential Nominations ,
Price Discrimination ,
Product Pricing ,
Robinson-Patman Act ,
Supply Chain
On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)....more
On Tuesday, December 10, Donald Trump announced two picks for placements on the Federal Trade Commission: Commissioner Andrew Ferguson for Chair and Mark Meador for Commissioner. While Meador’s appointment requires Senate...more
12/17/2024
/ Administrative Law Judge (ALJ) ,
Agricultural Sector ,
Antitrust Division ,
Biden Administration ,
Big Tech ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Presidential Nominations ,
Regulatory Agenda ,
Sherman Act ,
Trump Administration
On Wednesday, December 4, Donald Trump announced his pick to run the Department of Justice’s Antitrust Division: Gail Slater.
Slater is a seasoned antitrust attorney with extensive government experience....more
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more
On October 10, 2024, the Federal Trade Commission (“FTC”), with the concurrence of the Antitrust Division of the Department of Justice, (the “DOJ”, and together, the “Agencies”) voted unanimously to adopt new premerger...more