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Akin Gump Strauss Hauer & Feld LLP

The First 100 Days of the New HSR Rules: Assessing the Impact

The new Hart-Scott-Rodino (HSR) requirements went into effect on February 10, 2025, meaning that May 21, 2025 marked their 100th day in effect. Here are just a few of our observations from the first 100 days of the new HSR...more

Mogin Law LLP

California Antitrust Laws May Get Even Tougher Than U.S. Law

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California antitrust laws may be on the verge of a major transformation, with proposed changes that could significantly impact how businesses operate in the state, particularly in the digital sphere. ​At the request of the...more

Hogan Lovells

Conservative in name only? FTC Commissioner Mark Meador’s theory of antitrust enforcement bears little resemblance to traditional...

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As newly-appointed Republican leaders explain the antitrust enforcement priorities of the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ), one thing is clear: the Trump administration is...more

A&O Shearman

Ninth Circuit Rules In Favor Of Merging Parties In Microsoft/Activision Appeal

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On May 7, 2025, the United States Court of Appeals for the Ninth Circuit affirmed a lower court opinion that denied the Federal Trade Commission’s (“FTC”) motion for a preliminary injunction against Microsoft’s acquisition of...more

Hogan Lovells

Trump 2.0 antitrust agenda takes shape in administration’s first 100 days: What we’re seeing and what to expect

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As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more

WilmerHale

Washington Enacts Broad Premerger Notification Law: The Cutting Edge of State Merger Review

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On April 4, 2025, Washington became the first state to enact the Uniform Antitrust Premerger Notification Act (Model Act), requiring parties to certain notifiable transactions under the Hart-Scott-Rodino Antitrust...more

Stinson LLP

Washington State First to Adopt "Baby HSR" Act

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Legislatures in several states have recently introduced bills that would require certain parties who submit Hart-Scott-Rodino (HSR) premerger filings to the federal government to provide that same information to the state. On...more

A&O Shearman

Second Circuit Affirms Dismissal Of Luxury Brands’ No-Poach Suit

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On March 13, 2025, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting claims under Section 1 of the Sherman Act against a department store chain (the...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

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On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

Morgan Lewis

AI and Algorithmic Pricing: 2025 Antitrust Outlook and Compliance Considerations

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While algorithmic pricing has been used in many industries for decades, the rapid development of artificial intelligence (AI) technology has led antitrust enforcers—including federal agencies and state attorneys...more

Amundsen Davis LLC

New Merger Review Process: How to Prepare for Your Next Filing

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The Hart-Scott-Rodino (HSR) Act is a federal law that requires parties to a future business sale transaction to disclose certain information to determine that the transaction does not violate antitrust laws and harm...more

Wilson Sonsini Goodrich & Rosati

FTC's Bid to Stop Mattress Merger Put to Rest

The Federal Trade Commission’s (FTC’s) failure to obtain a preliminary injunction to block Tempur Sealy’s $4 billion proposed acquisition of Mattress Firm is yet another loss in a string of failed vertical challenges by the...more

Axinn, Veltrop & Harkrider LLP

New Trump Administration Files First Merger Lawsuit Seeking to Block HPE/Juniper

In the first merger challenge of the second Trump Administration, on January 30, the U.S. Department of Justice (“DOJ”) Antitrust Division filed suit seeking to block Hewlett Packard Enterprise Company’s (“HPE’s”) proposed...more

Wilson Sonsini Goodrich & Rosati

Agency Guidance for Avoiding “Interlocking” Directors and Officers

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the U.S. Antitrust Agencies) have recently reinvigorated antitrust enforcement against company “interlocks”—i.e., when a director or...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

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Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

Hogan Lovells

Call in the Merger Cavalry – How new intervention powers are transforming merger control

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The ECJ’s Illumina/Grail judgment has curtailed the Commission’s direct oversight of certain transactions, thereby elevating the need for national "call-in" powers. These call-in regimes, which are proliferating both inside...more

Hogan Lovells

New HSR and interlocking directorate thresholds announced for 2025

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On 10 January 2025, the Federal Trade Commission (FTC) announced the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino...more

Morgan Lewis

FTC Raises Hart-­Scott-­Rodino Thresholds and Filing Fees for 2025

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The Federal Trade Commission (FTC) announced on January 10, 2025 that it will raise the Hart­-Scott­-Rodino Act (HSR Act) jurisdictional and filing fee thresholds. The increased thresholds will go into effect 30 days after...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

Vedder Price

FTC Secures Record Gun-Jumping Penalty in a Case with Several Lessons for Merging Parties

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The Federal Trade Commission (FTC) secured a record consent penalty of $5.6 million against two merging parties on January 7, 2025 for improper pre-merger coordination, marking the agency’s first gun-jumping action in over a...more

Vinson & Elkins LLP

DOJ Levels-Up Section 8 Enforcement: Gaming Company Director Resigns from Competitor’s Board in Response to DOJ Scrutiny

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On December 18, 2024, the Department of Justice (the “DOJ”) announced that Tencent Holdings Ltd. (“Tencent”) had removed two directors from the board of Epic Games, Inc. (“Epic”) and relinquished its right to unilaterally...more

Wilson Sonsini Goodrich & Rosati

Non-Solicitation Clauses Face Antitrust Scrutiny: Key Takeaways from St. Joseph's v. NAPA

A recent decision from the United States District Court underscores the antitrust risks of non-solicitation clauses in service agreements. In St. Joseph’s Hospital Health Center v. American Anesthesiology of Syracuse, P.C. et...more

Katten Muchin Rosenman LLP

Kroger/Albertsons Ruling Provides Lessons for Merger Remedy Divestitures

On December 10, a federal court in Oregon issued a preliminary injunction against Kroger's proposed $24.6 billion acquisition of Albertsons, which would have been the largest supermarket merger in US history (Albertsons...more

Morgan Lewis

US District Court Denies Motion to Dismiss Algorithmic Pricing Antitrust Claims

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The US District Court for the Western District of Washington issued a significant ruling on December 4, 2024 in an ongoing case raising alleged claims of algorithmic price collusion in the apartment rental industry. The court...more

Katten Muchin Rosenman LLP

Antitrust Developments to Monitor Under the Next Trump Administration

In the coming months, the President-elect will appoint, and the Senate will confirm, a new Assistant Attorney General in charge of the Department of Justice (DOJ) Antitrust Division and a new Commissioner to fill a slot at...more

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