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Antitrust Division Collaboration

Morrison & Foerster LLP

Quarterly Cartel Catch-Up – New Year, New Administration

The new year marks the transition from the Biden administration and its whole-of-government approach to antitrust enforcement, to the return of President Trump. To spearhead his administration’s antitrust enforcement efforts,...more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

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On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

BCLP

Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors

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On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)....more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

Vinson & Elkins LLP

FTC and DOJ Withdraw Longstanding Competitor Collaborations Guidance

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On December 11, 2024, the Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) jointly issued a statement withdrawing their Antitrust Guidelines for Collaborations Among Competitors. The...more

ArentFox Schiff

DOJ, FTC, DOL, and NLRB Join Forces and Announce Memorandum of Understanding on Labor Issues in Merger Investigations

ArentFox Schiff on

On August 28, the US Department of Justice (DOJ) Antitrust Division, which enforces the US antitrust laws including the Sherman Act and Clayton Act, and the Federal Trade Commission (FTC), which enforces the Federal Trade...more

Morrison & Foerster LLP

FTC and DOJ Antitrust Division Will Update Guidance on Companies’ Preservation Responsibilities for Collaboration Tools and...

On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...more

TransPerfect Legal

Unpacking the Latest Regulatory Trends in U.S. Second Requests

TransPerfect Legal on

TransPerfect Legal held its third annual Antitrust Clearance & Merger Enforcement Conference on October 24, 2023, in New York City. At the conference, antitrust experts from across the country participated in six...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

Vinson & Elkins LLP

The Intersection Between ESG Efforts and Antitrust Law

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Historically, companies gave little thought to antitrust considerations when they developed environmental, social, and governance (“ESG”) goals and plans. Recently, this has changed....more

Sheppard Mullin Richter & Hampton LLP

Healthcare Antitrust Update: Key Antitrust Takeaways for Physician Groups

Like other players in the healthcare industry, physician groups are facing increased antitrust scrutiny from the Biden administration, with the Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust...more

Vinson & Elkins LLP

DOJ Antitrust Division Encourages Competitor Collaborations To Address COVID-19

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U.S. antitrust agencies have jointly announced that they are encouraging certain competitor collaborations in response to the COVID-19 epidemic, and that—although antitrust laws remain in force—the agencies will provide...more

Faegre Drinker Biddle & Reath LLP

DOJ Provides Further Guidance to Competitor Collaborations Related to COVID-19 Response

In response to the COVID-19 pandemic, the Antitrust Division of the Department of Justice (DOJ) committed to issuing expedited “Business Review Letters” (BRLs) to provide requested guidance concerning permissible types of...more

McDermott Will & Emery

DOJ Will Not Challenge COVID-19 Response Distribution Collaboration

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DOJ is open to companies collaborating outside of the presence of government to find creative solutions to combat COVID-19 as long as they commit to adequate antitrust safeguards...more

White & Case LLP

For COVID-19 Competitor Collaborations, DOJ Antitrust Division’s “Business Review Letter” Offers Easy and Likely Effective...

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On April 4, 2020, the Antitrust Division of the Department of Justice issued its first Business Review Letter under the DOJ-FTC joint expedited COVID-19 competitor collaboration review procedures, blessing several medical...more

Troutman Pepper Locke

DOJ and FTC Provide Guidance on Expedited COVID-19 Impacted Business Collaboration Review

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Businesses in various industries, particularly healthcare, are considering ways to work together in responding to the crisis caused by COVID-19 in the United States. Although cooperative efforts among competitors merit...more

WilmerHale

COVID-19: Criminal Antitrust Risks Arising from the Crisis

WilmerHale on

In this rapidly changing environment of the COVID-19 crisis, the need to understand how your industry is tackling business disruptions and the ensuing economic impact is more critical than ever. This Alert provides...more

Morgan Lewis

The Antitrust Division and FTC Issue Statement on COVID-19 and Labor Market Competition

Morgan Lewis on

The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor...more

McDermott Will & Emery

DOJ Issues Antitrust Guidance on Competitor Collaboration to Combat COVID-19

McDermott Will & Emery on

A recent business review letter issued by the US Department of Justice Antitrust Division to five pharmaceutical and medical/surgical distributors offers insights into the antitrust enforcers’ views on competitor...more

Akerman LLP - Health Law Rx

DOJ Antitrust Division Approves COVID-related Competitor Collaboration Under Expedited Procedures

The Department of Justice Antitrust Division (the “Antitrust Division”) has granted its approval to a plan by a group of medical supply manufacturers to collaborate in response to the COVID-19 pandemic. ...more

Parker Poe Adams & Bernstein LLP

Federal Antitrust Agencies Open Door for More Business Cooperation Amid Coronavirus Pandemic

The federal antitrust enforcement agencies have committed to providing businesses expeditious guidance about how and whether their efforts to address the coronavirus pandemic comply with federal antitrust laws. On March 24,...more

Jackson Walker

DOJ & FTC Issue Critical COVID-19 Collaboration Guidance

Jackson Walker on

The Antitrust Division of the Department of Justice issued a significant announcement addressing the COVID-19 pandemic’s effect on antitrust compliance and enforcement. In a joint statement with the Bureau of Competition of...more

Dickinson Wright

DOJ and FTC Announce Expedited Antitrust Review Procedure and Guidance In Response To COVID-19

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On March 24, 2020, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Bureau of Competition of the Federal Trade Commission (“FTC”) released a Joint Antitrust Statement Regarding COVID-19 (the “Joint...more

Holland & Knight LLP

Mexican Antitrust Authority (COFECE) Issues Statement Regarding COVID-19

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In the context of the current emergency situation created by COVID-19, Mexican's antitrust authority — the Comisión Federal de Competencia Económica (COFECE) — issued a statement that outlines its position in terms of the...more

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