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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

Cadwalader, Wickersham & Taft LLP

The Biden Administration’s “Extensive Review of Interlocking Directorates Across the Entire Economy” May Put Your Board...

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., “horizontal interlocks”) is a significant component of the Biden Administration’s antitrust...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

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...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

Womble Bond Dickinson

FTC is Targeting Private Equity Acquisitions in Healthcare - Is Your Industry Next?

Womble Bond Dickinson on

On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on...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

Proskauer Rose LLP

DOJ and FTC Release New Merger Guidelines

Proskauer Rose LLP on

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...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

Antitrust Enforcement in the Health Care Sector to remain a key focus in the Biden Administration

Hogan Lovells on

On December 7, 2023, the White House announced a series of initiatives to “lower health care and prescription drug costs by promoting competition.” Citing increasing concentration in the health care industry among payers,...more

Foley & Lardner LLP

Biden Administration Announces New Efforts to Promote Competition in Health Care

Foley & Lardner LLP on

On December 7, 2023, the Biden Administration announced several new initiatives intended to “promote competition” in the health care sector. These initiatives reflect a broad range of concerns about rising costs in health...more

Robinson+Cole Data Privacy + Security Insider

The AI Executive Order and Antitrust Enforcement: An Uncertain Future

On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more

Williams Mullen

Federal Trade Commission Targets Private Equity in Healthcare for Antitrust Enforcement

Williams Mullen on

The Federal Trade Commission (FTC) announced an action on September 21, 2023, against U.S. Anesthesia Partners, Inc. (USAP) and private equity group Welsh, Carson, Anderson & Stowe (WCAS), alleging that a series of...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

McDermott Will & Emery

[Webinar] Healthcare M&A and New FTC and DOJ Merger Guidelines: What’s Next for Your Transactions? - August 9th, 12:30 pm - 1:30...

The FTC and DOJ’s proposed revised merger guidelines signal the Biden administration’s continued aggressive antitrust enforcement stance even as healthcare industry participants continue to seek to overcome the effects of...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

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: A Close Look at the Impact of Antitrust Laws on the Consumer Financial Services Industry

Ballard Spahr LLP on

The consumer financial services industry has become the target of increasing regulatory scrutiny under antitrust laws as well as class action antitrust litigation that challenges industry practices on the grounds that they...more

Foley & Lardner LLP

The Ghost of Robinson-Patman Rises at the FTC

Foley & Lardner LLP on

As part of the Biden Administration’s enhanced antitrust enforcement efforts, the Federal Trade Commission (FTC) is taking a new look at the Robinson-Patman Act (RPA).  Several investigations are already underway, with calls...more

Mintz

Antitrust Practitioners Expect Activity With Climate Issues

Mintz on

As we have noted previously, a number of Republican politicians had previously identified antitrust law as a potential counter to ESG efforts, particularly if companies began to coordinate a response to climate change. Even...more

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