On July 2, 2024, the Federal Trade Commission (FTC) announced in a blog post that it was releasing a refreshed version of its guidance on “Complying with the Made in USA Standard.” The guidance had not been updated since...more
On April 23, 2024, the Federal Trade Commission (FTC) voted 3-to-2 to issue a final rule that will ban most employer-employee non-compete agreements if it survives legal challenges from the U.S. Chamber of Commerce and other...more
On Jan. 22, 2024, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act) and new filing fee thresholds under the Merger Filing Fee Modernization Act of 2022. The...more
White House and Agency Initiatives -
On Dec. 13, 2023, the White House announced new efforts to lower healthcare and prescription drug costs, issuing a detailed Fact Sheet. Two of the initiatives focus on private equity...more
On Dec. 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued new Merger Guidelines that explain how both agencies will analyze whether potential transactions may violate the antitrust...more
On Dec. 6, 2023, the Federal Trade Commission (FTC) announced a Decision Containing Consent Order (Proposed Order) against ExotoUSA LLC DBA Old Southern Brass and its owner, Austin Oliver....more
A federal jury in Kansas City deciding a class-action lawsuit involving a class of home sellers recently found that the National Association of Realtors (NAR) and certain other residential real estate brokerages conspired to...more
On Sept. 21, 2023, the Federal Trade Commission (FTC) brought a lawsuit in the U.S. District Court for the Southern District of Texas against US Anesthesia Partners (USAP), a large healthcare provider platform, and private...more
On July 18, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released draft updates to their merger guidelines that reflect considerable shifts in how the DOJ and FTC review horizontal and...more
On June 26, 2023, the Federal Trade Commission (FTC) announced an Agreement Containing Consent Order (Proposed Order) against a group of leather and other clothing accessories companies — Chaucer Accessories, Bates...more
On June 27, 2023, the Federal Trade Commission (FTC) issued a notice of proposed rulemaking that, if adopted, would significantly amend the rules and instructions governing the scope of information that must be submitted in a...more
On May 26, 2023, Minnesota Gov. Tim Walz signed legislation requiring pre-close notification for qualifying healthcare transactions, making Minnesota the latest in a rapidly growing number of states with such requirements....more
As 2023 legislative sessions wind down, many states are considering bills that would require pre-close review or approval of healthcare transactions by a state agency or attorney general’s office, including one that passed...more
The Federal Trade Commission (FTC) continues to aggressively enforce its Made in USA Labeling Rule and Section 5 of the FTC Act and seek significant monetary penalties, this time in the market for motocross and all-terrain...more
With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more
The Federal Trade Commission (FTC) continues to enforce its Made in USA Labeling Rule, which has been in effect since Aug. 13, 2021. In August 2022, McGuireWoods reported some lessons learned from one year under the labeling...more
On Jan. 23, 2023, the Federal Trade Commission (FTC) announced new premerger filing thresholds under the Hart-Scott-Rodino Act (HSR Act).
Under the HSR Act, parties to mergers clearing certain thresholds generally must...more
On Jan. 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements between employers and workers in most circumstances and require employers to rescind any existing non-compete agreements...more
On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more
On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more
Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more
On Aug. 9, 2022, the Federal Trade Commission (FTC) announced that it had referred a complaint to the U.S. Department of Justice alleging that Axis LED Group LLC, ALG-Health LLC and the individual who controls the companies...more
On Jan. 21, 2022, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more
Building on recent changes to and statements about the merger review process since Lina Khan became Chair, the Federal Trade Commission (FTC) announced Sept. 28, 2021, that it would expand the substantive scope of its...more
On Aug. 3, 2021, the Federal Trade Commission announced that it has begun sending form letters alerting companies that have made Hart-Scott-Rodino Act (HSR) filings that, despite the expiration of the HSR waiting period, the...more