Antitrust enforcement under the second Trump administration has sparked both attention and debate as the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) advance the president’s priorities....more
3/4/2026
/ Continuing Legal Education ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Life Sciences ,
Merger Reviews ,
Mergers ,
Premerger Notifications ,
State Attorneys General ,
Strategic Planning ,
Trump Administration
Following a Texas federal district court’s order vacating the FTC’s new HSR rules, the Fifth Circuit has extended a temporary stay on the order until further notice. ...more
2/23/2026
/ Administrative Procedure Act ,
Appeals ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Regulatory Oversight ,
Reporting Requirements ,
Rulemaking Process ,
Stays ,
Vacated
A federal judge in Texas has vacated the Federal Trade Commission’s adoption of a sweeping overhaul of the federal pre-merger notification regime that became effective in February 2025. ...more
On January 14, 2026, the Federal Trade Commission announced the 2026 annual statutory adjustments to the Hart-Scott-Rodino Act (HSR) thresholds. These thresholds govern which transactions are subject to the HSR Act’s...more
1/15/2026
/ Acquisitions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Merger Controls ,
Mergers ,
Notice Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
Statutory Waiting Period ,
The Clayton Act ,
Threshold Requirements ,
Waiting Periods
The FTC recently escalated its focus on pricing transparency in the residential rental market, signaling broader regulatory risk for technology platforms that influence how rental pricing is presented to consumers. ...more
12/19/2025
/ Consumer Protection Laws ,
Digital Platforms ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hidden Fees ,
Landlords ,
Online Platforms ,
Price Transparency ,
Property Management Companies ,
Regulatory Oversight ,
Residential Leases ,
Residential Property Owners ,
Software ,
Unfair or Deceptive Trade Practices
The Department of Justice (DOJ) and RealPage have agreed to settle DOJ’s case alleging RealPage’s facilitation of algorithmic price fixing amongst apartment landlords. The proposed settlement, if approved by the court, would...more
12/8/2025
/ Algorithms ,
Antitrust Violations ,
Apartments ,
Automated Decision Systems (ADS) ,
Competition ,
Data Collection ,
Data-Sharing ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Machine Learning ,
Personal Data ,
Price-Fixing ,
Sensitive Personal Information ,
Settlement ,
Sherman Act
In Celonis SE v. SAP SE, a federal court ruled that Celonis could proceed with its claim alleging SAP monopolized a standalone “data access” aftermarket, potentially paving the way for monopolization theories focused on acts...more
11/12/2025
/ Anticompetitive Behavior ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Data Management ,
Digital Platforms ,
Enterprise Software ,
Monopolization ,
Popular ,
Sherman Act ,
Third-Party Service Provider ,
Unfair Competition
As of July 27, 2025, federal Hart-Scott-Rodino (HSR) Act filings will also need to be submitted to the Washington Attorney General (WA OAG) under Washington State’s Antitrust Premerger Notification Act (APNA) if the parties...more
7/29/2025
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Due Diligence ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
New Legislation ,
Notice Requirements ,
Premerger Notifications ,
Reporting Requirements ,
State Attorneys General
When President Biden appointed Lina Khan to lead the Federal Trade Commission, and Jonathan Kanter to lead the Antitrust Division of the Department of Justice, he staked out an energetic new approach to antitrust enforcement...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Regulatory Agenda ,
Trump Administration
On January 10, 2025, the Federal Trade Commission announced 2025 annual statutory adjustments to the Hart-Scott-Rodino Act thresholds. These thresholds determine which mergers and acquisitions must be reported to United...more
1/15/2025
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Compliance ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Final Rules ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pending Litigation ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice, has unanimously adopted sweeping changes to the Hart-Scott-Rodino Act (HSR) rules. ...more
10/15/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
NPRM ,
Operative Documents ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Proposed Rules ,
Required Documentation ,
Statutory Authority ,
Subsidiaries ,
Threshold Requirements
Last summer, on June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice (DOJ), unveiled proposed new rules governing implementation of the Hart-Scott-Rodino Act’s (HSR) premerger...more
Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more
The Federal Trade Commission (FTC) announced 2024 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions may be required to be reported to United States federal...more
1/24/2024
/ Acquisitions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
In the coming year, Federal Trade Commission (“FTC”) Chair Lina Khan and Department of Justice (“DOJ”) Assistant Attorney General of the Antitrust Division Jonathan Kanter are expected to continue to advance a more aggressive...more
1/23/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Corporate Counsel ,
Cross-Border ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Reform ,
Regulatory Requirements ,
Section 5 ,
Vertical Mergers
Recent trends in antitrust merger enforcement have brought into sharp focus the acquisition of nascent or potential competitors in the technology and life sciences sectors. These deals include so-called “killer acquisitions”...more
On December 18, 2023, the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ) (together, the “agencies”) jointly released their final revised 2023 Merger Guidelines, reflecting modest adjustments...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
On Nov. 7, 2023, the Federal Trade Commission (FTC) announced it is disputing the listing of more than 100 patents in the Food and Drug Administration’s (FDA) “Approved Drug Products with Therapeutic Equivalence Evaluations,”...more
11/17/2023
/ Abbreviated New Drug Application (ANDA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Healthcare ,
Life Sciences ,
Orange Book ,
Patent Applications ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Technology
On March 22, 2023, the Federal Trade Commission (FTC) announced a request for information (RFI) seeking public comments on business practices in the cloud computing industry. The RFI focuses on three intertwined aspects of...more
3/30/2023
/ Cloud Computing ,
Cloud Service Providers (CSPs) ,
Competition ,
Cybersecurity ,
Data Security ,
European Commission ,
Federal Trade Commission (FTC) ,
Investigations ,
Microsoft ,
Request For Information ,
Technology Sector
The Federal Trade Commission (FTC) announced 2023 adjustments to the Hart-Scott-Rodino (HSR) thresholds. These thresholds determine which mergers and acquisitions must be reported to United States federal antitrust agencies...more
On December 23, 2022, Congress passed the Consolidated Appropriations Act of 2023 (the “Act”) with bipartisan support. In addition to numerous spending provisions totaling $1.7 trillion, the Act includes antitrust-related...more
On December 8, 2022, the same day that the Federal Trade Commission (FTC) delivered its opening arguments to a federal judge in California in the FTC’s bid to halt Meta’s acquisition of virtual reality gaming company Within,...more
12/23/2022
/ Acquisitions ,
Antitrust Investigations ,
Antitrust Provisions ,
Big Tech ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Facebook ,
Federal Trade Commission (FTC) ,
Microsoft ,
Vertical Mergers ,
Video Games ,
Virtual Reality
The previous year in antitrust enforcement has been marked by rapid change. In many ways this foreshadows things to come in 2023, as antitrust enforcement agencies’ tough rhetoric continues to ramp up into real-world action....more
12/21/2022
/ Acquisitions ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Antitrust Violations ,
Competition ,
Continuing Legal Education ,
Corporate Counsel ,
Corporate Governance ,
Enforcement ,
Mergers ,
Regulatory Reform ,
Webinars
On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more
The United States Department of Justice (DOJ) announced last week that directors at several technology companies have resigned as a consequence of the agency’s renewed focus on overlapping board membership between...more
10/26/2022
/ Acquisitions ,
Antitrust Division ,
Big Tech ,
Board of Directors ,
Competition ,
Corporate Counsel ,
Corporate Governance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Internal Investigations ,
Mergers ,
Publicly-Traded Companies ,
Section 8 ,
Startups ,
Technology Sector ,
The Clayton Act