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States Expand Premerger Filings Family by Adopting “Baby-HSR” Laws to Review More Transactions

In a growing trend, states are requiring more premerger filings by enacting “baby-HSR” laws modeled after the federal Hart-Scott-Rodino (HSR) Act. These state-level statutes require parties to certain mergers and acquisitions...more

Gail Slater Confirmed to Lead DOJ Antitrust Division

Gail Slater was confirmed last week as Assistant Attorney General (AAG) for the Antitrust Division; companies should expect a continuation of many Biden-era approaches, with new cases and priorities to advance the Trump...more

Enforcement Priorities of President Trump’s DOJ and FTC Begin to Take Shape

Now more than a month into President Trump’s second term, the Administration’s antitrust enforcement priorities have begun to take shape. Recent actions indicate that the Federal Trade Commission (FTC) and Antitrust Division...more

2025 Year in Preview: Pending Decisions at the U.S. Antitrust Agencies

President Trump has chosen Gail Slater to lead the U.S. Department of Justice (DOJ) Antitrust Division and elevated Commissioner Andrew Ferguson to chair the U.S. Federal Trade Commission (FTC). In this second installment of...more

Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

In Case You Missed It: The ABA Antitrust Section's Fall Forum

On November 14, 2024, the American Bar Association (ABA) held its annual Antitrust Fall Forum in Washington, D.C., co-chaired this year by Wilson Sonsini partner Taylor M. Owings. The Forum was a chance for the antitrust bar...more

Old-Fashioned Approach Still Wins It for the FTC in Luxury Goods Merger Challenge

On October 24, 2024, to the surprise of many legal observers and fashion industry executives, the Federal Trade Commission (FTC) secured a preliminary injunction blocking a proposed $8.5 billion deal between Tapestry and...more

Department of Justice Signals Increased Scrutiny for Information Sharing

The U.S. Department of Justice (DOJ) sent a strong message recently about information exchanges. In a “Statement of Interest” filed on October 1, 2024, the DOJ stated that "standalone information sharing … can undermine the...more

California Governor Gavin Newsom Vetoes Law Requiring Attorney General Approval for Certain Healthcare Investments

Last weekend, California Governor Gavin Newsom vetoed Assembly Bill (AB) 3129, which would have required healthcare investors to notify and obtain written consent from the California Attorney General (AG) before investing in...more

California Passes Law Requiring Attorney General Approval for Certain Healthcare Investments and Emphasizes Requirements for...

Pre-Closing Notice or Consent: If signed by Governor Newsom, Assembly Bill 3129 (AB 3129) will mandate that, starting January 1, 2025, certain healthcare investors provide a 90-day written notice to, or obtain consent from,...more

Man vs. Machine: DOJ Files Complaint Alleging Algorithmic Collusion

On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more

DOJ Seeks an Encore Showdown with Live Nation and Ticketmaster

DOJ's Most Recent Monopolization Case Reflects Several Agency Priorities Including Expansion of Section 2 to Respond to Headline-Grabbing Popular Demands...more

FTC Issues Sweeping Non-Compete Ban

On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether...more

Issues at Check Out: FTC Challenges Kroger’s Acquisition of Albertsons with Novel Theories About Labor Market Harm and Adequate...

On February 26, 2024, the Federal Trade Commission (FTC), alongside Attorneys General from eight states and the District of Columbia, initiated legal action to block Kroger’s $24.6 billion acquisition of Albertsons. The...more

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