On January 14, 2026, the Federal Trade Commission (FTC) announced increased reporting thresholds for transactions. Annually, the FTC reviews and adjusts the premerger notification thresholds for reporting acquisitions of...more
1/22/2026
/ Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Merger Controls ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Connecticut has become an unexpected focal point for bid rigging enforcement in public contracting. Many government contractors still see this risk as a federal problem driven by the Department of Justice and the Procurement...more
1/14/2026
/ Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Bid Rigging ,
Compliance Monitoring ,
Connecticut ,
Contractors ,
Enforcement Actions ,
Government Agencies ,
Investigations ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Procurement Guidelines ,
Public Procurement Policies ,
Settlement ,
State and Local Government ,
State Attorneys General ,
State Contracts
Consumer advocate groups and private parties are advancing theories regarding harm caused by the use of artificial intelligence (AI) and data to determine pricing. In 2025, the Federal Trade Commission (FTC) released a...more
1/6/2026
/ Algorithms ,
Antitrust Investigations ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Consumer Protection Laws ,
Corporate Counsel ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Investigations ,
Machine Learning ,
Price Discrimination ,
Regulatory Requirements ,
Unfair or Deceptive Trade Practices
State attorneys general (AGs)—often alongside the Federal Trade Commission (FTC) and Department of Justice—are using a mix of traditional antitrust and consumer protection tools to police everything from drug pricing to...more
12/19/2025
/ Algorithms ,
Antitrust Violations ,
Competition ,
Consumer Protection Laws ,
Corporate Counsel ,
Digital Platforms ,
Enforcement Actions ,
False Advertising ,
Healthcare ,
Price-Fixing ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
As we head into 2026, antitrust risk is no longer confined to high-profile tech platforms and blockbuster mergers. State attorneys general (AGs), the Federal Trade Commission (FTC), and the Department of Justice Antitrust...more
12/10/2025
/ Antitrust Division ,
Antitrust Investigations ,
Data Centers ,
Department of Justice (DOJ) ,
Energy Sector ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Freedom of Expression ,
Name and Likeness ,
Online Platforms ,
Right to Repair ,
Sports ,
State Attorneys General
What’s changed, what it means, and how to be filing‑ready under the updated HSR rules -
Deal volume ticked up in FY24, but the day-one burden is where most deal teams feel the most change. The Federal Trade Commission and...more
11/6/2025
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Due Diligence ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Premerger Notifications ,
Regulatory Requirements
Senior living and nursing home operators increasingly lean on third-party “revenue management” software to set rates, discounts, and concessions. Recent cases and enforcement actions show that this can create antitrust...more
11/4/2025
/ Algorithms ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Artificial Intelligence ,
Assisted Living Facilities (ALFs) ,
Competition ,
Data-Sharing ,
Enforcement Actions ,
Nursing Homes ,
Pricing ,
Risk Management ,
Senior Housing ,
Skilled Nursing Facility
With the new fiscal year upon us, it is official – the legal protections for sharing of cyber threat information among private sector entities and with the federal government were not renewed by Congress and have expired. The...more
10/3/2025
/ Antitrust Provisions ,
Compliance ,
Cyber Threats ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Data-Sharing ,
Information Sharing ,
Policies and Procedures ,
Popular ,
Regulatory Requirements ,
Risk Management ,
Risk Mitigation ,
Safe Harbors ,
Sunset Provisions ,
Threat Management
Government procurement is essential to modern governance. But when firms rig bids, allocate markets, or otherwise collude, taxpayers pay more, honest competitors are shut out, and trust erodes. In recent months, US agencies...more
9/22/2025
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Price-Fixing ,
Procurement Guidelines ,
Public Procurement Policies ,
Whistleblowers
The Federal Trade Commission (FTC) is sending mixed messages about how aggressively it intends to enforce the Robinson-Patman Act (RPA). During the Biden administration, the agency filed its first two RPA complaints in over...more
8/21/2025
/ Antitrust Injuries ,
Antitrust Litigation ,
Antitrust Violations ,
Biden Administration ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Interstate Commerce ,
Motion to Dismiss ,
Price Discrimination ,
Regulatory Oversight ,
Robinson-Patman Act ,
Statutory Interpretation ,
Trump Administration
The Department of Justice Antitrust Division (DOJ) has had a busy first half of the year announcing a first-of-its-kind antitrust whistleblower program, new indictments, and several sentencing and fine decisions. Below is a...more
8/1/2025
/ Antitrust Division ,
Antitrust Violations ,
Bid Rigging ,
Cartels ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Procurement Collusion Strike Force ,
Whistleblower Awards ,
Whistleblowers ,
White Collar Crimes
Recent antitrust litigation in the cannabis and vape sectors signals intensified scrutiny of pricing practices, distribution restraints, and exclusionary conduct.
Two recent cases, Redbud Roots, Inc. v. Shenzhen Smoore...more
7/29/2025
/ Acquisitions ,
Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Violations ,
Cannabis Products ,
Mergers ,
Monopolization ,
Noerr-Pennington Doctrine ,
Price-Fixing ,
Pricing ,
Retail Market ,
Sherman Act
The real estate industry is again in the antitrust spotlight, with recent lawsuits targeting the market dominance and listing policies of major players like Zillow, Inc. (Zillow) and the National Association of Realtors...more
7/23/2025
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Marketing ,
Monopolization ,
National Association of Realtors ,
Popular ,
Real Estate Market ,
Sherman Act ,
Zillow
“Just when I thought I was out, they pull me back in.” —Michael Corleone, The Godfather Part III.
That iconic line about inescapable forces doesn’t just capture those thoughts of a mob boss trying to retire. It could just...more
7/15/2025
/ Algorithms ,
Antitrust Provisions ,
App Store ,
Big Tech ,
Consumer Protection Laws ,
COPPA ,
Data Privacy ,
Digital Platforms ,
Exploitation ,
Federal Trade Commission (FTC) ,
Minors ,
Mobile Apps ,
Online Safety for Children ,
Regulatory Oversight ,
Social Media ,
Technology Sector
The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more
6/25/2025
/ Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Divestiture ,
Divestment ,
Federal Trade Commission (FTC) ,
Government Agencies ,
Merger Remedies ,
Mergers ,
Remedies ,
Settlement
Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more
5/29/2025
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Compliance ,
Contract Terms ,
Incentives ,
Pricing ,
Regulatory Requirements ,
Robinson-Patman Act ,
Sherman Act ,
Vendors
State attorneys general (state AGs) are expected to ramp up antitrust enforcement. Some would argue that enforcement is an effort to fill a perceived gap left by the Trump administration, but state AGs have been signaling...more
5/19/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Corporate Counsel ,
Criminal Prosecution ,
Enforcement ,
Enforcement Actions ,
Healthcare ,
Mergers ,
Pharmaceutical Industry ,
Pharmacy Benefit Manager (PBM) ,
Premerger Notifications ,
Proposed Legislation ,
State Attorneys General
Competition is the essence of sports. It fuels the players and the thrill of it entices fans to cheer for their favorite players, purchase memorabilia, and watch games. Outside of the games, however, players and coaches are...more
If all of the Trump administration’s proposed tariffs take effect, the impact of those tariffs on the US economy and the American people will likely be debated for years to come. Regardless of the outcome of that debate,...more
New Hart-Scott-Rodino premerger notification rules, which took effect in February, require that companies now provide more information than ever before about their prospective mergers. Meanwhile, both federal and state...more
The Department of Justice (DOJ) recently announced a task force designed to eliminate anticompetitive state and federal laws and regulations that “undermine free market competition and harm consumers, workers, and...more
After many attempts, the Department of Justice Antitrust Division (DOJ or Division) has scored the first guilty verdict on a wage-fixing case. For years, the Division has prosecuted wage-fixing and no-poach agreements with...more
As the second Trump administration reaches its 60-day mark, it is a good time to take stock of the US antitrust agencies’ actions. The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) have...more
On February 20, 2025, the Federal Trade Commission (FTC) initiated a public inquiry regarding whether any technology platforms, including social media, communications, and other internet service providers, have violated the...more
Not every investment firm countersues the acting assistant attorney general of the United States for the Antitrust Division, the United States Department of Justice (Antitrust Division), the Federal Trade Commission (FTC),...more
2/14/2025
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Private Equity