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Antitrust Division Antitrust Provisions Biden Administration

Wilson Sonsini Goodrich & Rosati

The Next Chapter in the Serial: U.S. Antitrust Agencies Heighten Focus on Roll-Up Strategies

Serial acquisitions and roll-up strategies are facing intense scrutiny as the Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division request public comment on how these types of...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

Troutman Pepper

State Antitrust Enforcement Venue Act: Recent Updates

Troutman Pepper on

Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s...more

Holland & Knight LLP

Antitrust Enforcers Reaffirm Focus on Private Equity in Healthcare at Public Workshop

Holland & Knight LLP on

As Holland & Knight observed previously, the Biden Administration's antitrust enforcers have trained their sights on private equity firms and their portfolio companies, including in a Sept. 21, 2023, lawsuit challenging one...more

Wilson Sonsini Goodrich & Rosati

FTC, DOJ, and HHS Announce Joint Initiative to Intensify Scrutiny of Private Equity M&A Activity in Healthcare as Part of Broader...

On March 5, 2024, the Department of Justice’s (DOJ’s) Antitrust Division, the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) jointly issued a Request for Information (RFI) to solicit...more

Wilson Sonsini Goodrich & Rosati

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

A&O Shearman

Laying a New Foundation – New FTC and DOJ Merger Guidelines Seek to Advance Biden Administration’s Aggressive Enforcement Vision

A&O Shearman on

In the nearly three years since President Biden took office, it has become clear that his Administration has sought to develop an “inflection point” for antitrust enforcement. Speeches by new leadership at both the U.S....more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

Hogan Lovells on

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

Latham & Watkins LLP

The DOJ and FTC Draft Merger Guidelines: Key Takeaways

Latham & Watkins LLP on

The draft guidelines for applying US antitrust laws to merger investigations depart from prior guidance and seek to roll back decades of legal precedent on merger enforcement. Competitive effects analyses are out;...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

A&O Shearman

Field of Dreams: FTC and DOJ Seek to Build a New Playing Field for Challenging Mergers

A&O Shearman on

Proposed FTC and DOJ Merger Guidelines Formalize Biden Administration’s Aggressive Vision for Merger Enforcement – Top Ten Takeaways - When losing, some players seek to change the rules. Others seek to change the playing...more

Hicks Johnson

What Companies Should Know About the Biden Administration’s Antitrust Enforcement Campaign

Hicks Johnson on

On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72...more

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

Holland & Knight LLP on

During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Womble Bond Dickinson

Private Equity Transactions Face Increased Antitrust Scrutiny

Womble Bond Dickinson on

Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more

Wilson Sonsini Goodrich & Rosati

Biden-Signed Omnibus Bill Includes Several Pieces of Legislation Affecting Antitrust

Congress’s year-end omnibus legislation that funds the federal government, which was signed by President Biden on December 29, 2022, included three pieces of legislation—the Merger Filing Fee Modernization Act, the State...more

A&O Shearman

Significant US HSR Filing Fee Changes Under The Merger Filing Fee Modernization Act

A&O Shearman on

On December 29, 2022, President Biden signed into law The Consolidated Appropriations Act of 2023 also known as The Omnibus Funding Bill (the “Bill”). The Bill includes the Merger Filing Fee Modernization Act which provides...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

Wilson Sonsini Goodrich & Rosati

U.S. Legislators and State Attorneys General Raise Antitrust Concerns Regarding ESG Collaborations

Over the past year, U.S. legislators and state attorneys general (AGs) have raised concerns that collaborations among firms to achieve environmental, social, and governance (ESG) goals are violations of the antitrust laws. As...more

Epstein Becker & Green

On First Anniversary of Executive Order on Competition, DOJ Celebrates Interagency Efforts to Promote Competitive Markets

Epstein Becker & Green on

The U.S. Department of Justice (DOJ) recently recognized the first anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (EO) and “celebrated the Antitrust Division’s most...more

Wilson Sonsini Goodrich & Rosati

DOJ Files Lawsuit to Block National Security Support Services Merger

On June 29, 2022, the U.S. Department of Justice (DOJ) filed a lawsuit seeking to block Booz Allen Hamilton Holding Corporation's (Booz Allen's) proposed acquisition of EverWatch Corp. (EverWatch). The DOJ's suit is unique in...more

Venable LLP

Ten Legislative and Policy Trends for Licensing Boards and Associations to Watch in 2022

Venable LLP on

In state capitals across the country, a new year signals the start of a new legislative session. And this opens the door to new rules affecting state regulatory and occupational licensing boards and the practitioners they...more

Wilson Sonsini Goodrich & Rosati

2021 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2021 Antitrust Year in Review. This report summarizes the most significant antitrust matters and developments of the past year. We examine policies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Biden’s Broad Mandate Has Altered the Antitrust Landscape, Making Merger Clearance Process Less Predictable

Takeaways - Under the Biden administration’s “whole-of-government” approach to promoting competition, a range of agencies outside the DOJ and FTC have been asked to use their authority to reform markets. Wide-ranging...more

Dentons

Antitrust Concerns for Employers

Dentons on

In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more

The Volkov Law Group

The New “Era” of Antitrust Enforcement (Part I of III)

The Volkov Law Group on

There is no question but we are in the “perfect storm” for antitrust enforcement.  Antitrust enforcement is fast-becoming an area of rare “bipartisanship.”  Republicans resent the growing power and influence of technology and...more

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