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Antitrust Litigation Antitrust Provisions

A&O Shearman

The Trump era DOJ and FTC: a return to merger remedies

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This new stance, however, does not signal unchecked dealmaking for transacting parties. The Federal Trade Commission (FTC) and Department of Justice (DOJ) are simultaneously emphasizing that robust, evidence-based enforcement...more

Morrison & Foerster LLP

Trump Antitrust Enforcers Stay the Course on Efficiencies

The Department of Justice, Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together the “Agencies”) submitted a note about efficiencies in merger control in connection with a June 17, 2025 Organisation for...more

McCarter & English, LLP

Merger Remedies Are Back on the Menu

The Trump administration’s recently announced settlements resolving the antitrust concerns in transactions mark a shift from the previous administration’s hostile rhetoric against settlements and remedies in merger cases. As...more

Davies Ward Phillips & Vineberg LLP

Expanded Scope for Private Actions Under Canada's Competition Act Now in Effect

Amendments to the Canadian Competition Act (Act) that came into effect on June 20, 2025 significantly expand the rights and incentives for private parties to seek orders from the Competition Tribunal (Tribunal). Among other...more

Vinson & Elkins LLP

California Looks to Crack Down on Algorithmic Pricing and Clarify Antitrust Pleading Standards

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The California State Assembly recently unveiled legislation (“AB 325”) designed to strengthen California antitrust enforcement in two ways. First, the proposed statute would impose heavy restrictions on — and under some...more

Brownstein Hyatt Farber Schreck

California Regulators Contemplate Potential State-Level Action on Antitrust

At an upcoming June 26 meeting, The California Law Revision Commission (CLRC) will discuss proposed draft language to introduce state-level merger control provisions into California antitrust law via amendments to the...more

Mayer Brown

Seeing Around Corners: Where Disruption and Antitrust Meet

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“Disruption” is business-speak for innovative companies or technologies that challenge the status quo. Now more than ever, it seems like disruption is a constant theme in today’s business and regulatory environment,...more

DLA Piper

DOJ and FTC Leadership Discuss New Perspectives on Merger Enforcement

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In speeches delivered only a day apart during the first week of June, Bill Rinner, the new Deputy Assistant Attorney General in charge of merger enforcement at the Department of Justice (DOJ), and Commissioner Melissa Holyoak...more

Goodwin

Antitrust and Competition Technology Update Q1 2025

Goodwin on

The first quarter of 2025 brought a surge of high-profile merger activity in the technology and artificial intelligence (AI) space, offering an early test of how antitrust regulators under the new Trump administration will...more

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Venable LLP

Zeigler v. NCAA: Court Denies Zakai Zeigler's Motion for Preliminary Injunction in Antitrust Fight Over NCAA's Four-Seasons Rule

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On June 12, 2025, the United States District Court for the Eastern District of Tennessee denied Zeigler's request for a preliminary injunction, where he sought to immediately suspend the NCAA's Four-Seasons Rule to make him...more

Katten Muchin Rosenman LLP

FTC and DOJ Announce Listening Sessions on Lowering American’s Drug Prices

On April 15, 2025, President Donald Trump issued  Executive Order No. 14273, “Lowering Drug Prices by Once Again Putting Americans First, ” which outlines a series of targeted actions to lower prescription drug costs and...more

Goodwin

When Can a Supplier Lawfully Restrict Active Sales in an Exclusive Distribution Agreement?

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In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more

Baker Botts L.L.P.

Antitrust Scrutiny of Investors Under a New Administration

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Under the old guard of the prior administration, private equity was repeatedly under fire for alleged “flip and strip” tactics that were supposedly “at odds with competition.” Now, with new enforcers in place, a different...more

Patterson Belknap Webb & Tyler LLP

Update: FTC Drops In-House Challenge of Microsoft’s Activision Acquisition After Ninth Circuit Affirms Denial of Preliminary...

After years of litigating its attempt to block Microsoft’s $68.7 billion acquisition of Activision, the Federal Trade Commission (“FTC”) recently dropped its in-house challenge following the Ninth Circuit’s decision affirming...more

McDermott Will & Emery

The Fix Is In: FTC and DOJ Permit Structural Remedies for Two Major Tech Mergers

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The Federal Trade Commission (FTC) and the US Department of Justice (DOJ) each recently announced that they would accept structural remedies to address concerns that two transactions in the technology industry would reduce...more

Latham & Watkins LLP

The LathamTECH Podcast — Getting Deals Done: Tackling Antitrust Challenges in Tech M&A

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As 2025 began, the tech industry anticipated that regulators in the US, EU, and beyond may adopt a more business-friendly approach to antitrust, potentially easing the scrutiny on M&A activities. Opportunities certainly exist...more

Vedder Price

FTC Chair Issues Statement on Merger Remedies

Vedder Price on

In an eight-page Statement joined by the two other sitting Commissioners, FTC Chair Andrew Ferguson on May 30, 2025 explained his reasoning for accepting a divestiture remedy proposed by Synopsis, Inc. and Ansys, Inc. to...more

Zelle  LLP

Stop, Collaborate and Listen! What to Know About the FTC and DOJ’s Withdrawal of the Competitor Collaboration Guidelines

Zelle LLP on

In his eponymous 1990 hit, Robert Van Winkle—Vanilla Ice—promised: “If there was a problem yo I’ll solve it.” If only the FTC and DOJ (the “Agencies”) could make the same pledge. Instead, their sudden decision to withdraw...more

WilmerHale

Meet the New Boss, Not So Different From the Old Boss? Antitrust in the Trump Era

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After President Trump’s election for a second term, those predicting where federal antitrust enforcement was headed had to contend with internal tensions in the Trump coalition that extend to economic policy more broadly:...more

Troutman Pepper Locke

What Does the New Administration's First Antitrust Merger Settlement Tell Us?

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The Federal Trade Commission (FTC) has agreed to accept the new administration's first settlement of a merger-enforcement challenge. The settlement includes the divestiture of three businesses and will allow Synopsys, Inc. to...more

Wilson Sonsini Goodrich & Rosati

And Just Like That: Remedies Are Back at the FTC

The Federal Trade Commission (FTC or Commission) recently announced that it will require Synopsys, Inc. (Synopsys) and Ansys, Inc. (Ansys) (together, “the parties”) to divest certain assets to resolve antitrust concerns...more

Axinn, Veltrop & Harkrider LLP

Patman Returns … and Retreats Again

When agency enforcement of the Robinson-Patman Act (RPA) was revived near the end of the Biden administration, it was met with mixed reactions. Given the Republican Commissioners’ disapproval of the complaints, it came as no...more

Bennett Jones LLP

Competition Act Amendments Open Door to Quasi Class Actions

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Since 2022, the Government of Canada has substantially amended the Competition Act each year for three successive years. Among the many changes are a collection of related amendments which aim to expand access to the...more

Vinson & Elkins LLP

California’s 2025 Abuse of Dominance Proposal: Redefining State-Level Antitrust Enforcement In The Fourth-Largest Economy on Earth

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For decades, California enforcers and politicians have argued for state-level antitrust enforcement activity at a level commensurate with California’s $4.1 trillion economy, the largest state economy in the United States....more

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