News & Analysis as of

Competition Federal Trade Commission (FTC) Antitrust Litigation

Bradley Arant Boult Cummings LLP

Turning the Tables: Kroger Sues the FTC

In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more

McDermott Will & Emery

Making Sense of a Rare Robinson-Patman Act Plaintiffs’ Verdict

McDermott Will & Emery on

On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Litigation and Government Rhetoric Signal Increased Legal Headaches Under the Robinson-Patman Act

After decades of dormancy, the Robinson-Patman Act (RPA), a Depression-era antitrust statute prohibiting price discrimination, has recently become the subject of renewed interest from both private plaintiffs and government...more

Troutman Pepper

New Jersey and California AGs Add to Their Antitrust Ranks

Troutman Pepper on

Continued focus on antitrust enforcement has led the New Jersey and California attorneys general (AG) offices to go on a hiring spree. New Jersey AG Matthew Platkin recently announced the establishment of a permanent,...more

ArentFox Schiff

Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

ArentFox Schiff on

The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenge to Supermarket Merger Highlights FTC’s New Focus on Labor Markets

On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. in the U.S. District Court of Oregon to try to block their $24.6 billion merger....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

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - January 2024

WilmerHale on

Illumina Agrees to Unwind Acquisition of Grail Following Fifth Circuit Decision.  On December 15, 2023, the Fifth Circuit vacated the FTC’s order that Illumina unwind its acquisition of Grail—a developer of a multi-cancer...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

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - September 2023

WilmerHale on

This marks the first issue of WilmerHale’s The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences, a monthly bulletin that will highlight developments in the antitrust and life sciences space. We will...more

Perkins Coie

FTC Targets Contractual Restrictions on Voluntary Cooperation

Perkins Coie on

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct...more

Brownstein Hyatt Farber Schreck

FTC Update: A Renomination and a Resignation

The Federal Trade Commission (FTC) has had a lively week. On Monday, President Joe Biden renominated Democratic Commissioner Rebecca Kelly Slaughter to the FTC. Then, on Tuesday, Republican Commissioner Christine Wilson...more

Perkins Coie

DOJ Withdraws Healthcare Antitrust Policy Statements

Perkins Coie on

The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

Wilson Sonsini Goodrich & Rosati

2022 Antitrust Year in Review

We are proud to share the 2022 Antitrust Year in Review, which discusses significant developments in antitrust law, policy, and enforcement over the past year. First, the report spotlights recent outcomes in court for U.S....more

Hogan Lovells

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

Hogan Lovells on

The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more

Hogan Lovells

[Webinar] Antitrust-year-in-review and a look forward to 2023 - November 30th, 12:00 pm - 1:00 pm EST

Hogan Lovells on

Join the Hogan Lovells Antitrust and Competition team on Wednesday, 30 November 2022 where we will look back at the major competition-related events of 2022 and what we can expect next year, including: 1. Major FTC and DOJ...more

Epstein Becker & Green

Independent Physician Association Enforcement Not Forgotten

Epstein Becker & Green on

On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

Fenwick & West LLP

FTC’s Ambitious Challenge to Meta VR Deal Possesses Sweeping Implications for Tech M&A

Fenwick & West LLP on

FTC Suit Aspires to Chill M&A-Based Growth by Larger Tech Firms - Federal Trade Commission Chair Lina Khan has consistently criticized past FTC leadership for being too lenient with Big Tech M&A activity, and for not...more

Fenwick & West LLP

Bedoya Confirmation to FTC Empowers Chair Lina Khan to Pursue Progressive Agenda

Fenwick & West LLP on

After months of partisan deadlock, this week Georgetown law professor and privacy scholar Alvaro M. Bedoya was confirmed by the Senate to serve as a member of the Federal Trade Commission (FTC). Bedoya’s confirmation gives...more

Epiq

Global Trends in Antitrust Enforcement and Litigation

Epiq on

There has been a distinct shift in the scope and breadth of investigations by global competition regulators, as well as an uptick in the number of antitrust related litigations.  With an administration change in the US and...more

Latham & Watkins LLP

US Courts Annual Review

Latham & Watkins LLP on

Global Competition Review is a leading source of news and insight on competition law, economics, policy and practice, allowing subscribers to stay apprised of the most important developments around the world. Alongside the...more

BakerHostetler

[Webinar] Federal Trade Commission - Antitrust Investigations - What You Should Know - October 16th, 1:00 pm ET

BakerHostetler on

BakerHostetler invites you to join us for an upcoming webinar, Federal Trade Commission - Antitrust Investigations - What You Should Know, offering vital insights into antitrust issues and investigations. Topics: • The...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

A&O Shearman on

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Faegre Drinker Biddle & Reath LLP

Beware of Antitrust Risks When Settling Lawsuits With Competitors

Bad press. Burdensome and costly document and data collections. Unpredictable outcomes. The sometimes-slow pace of justice. It’s easy to understand why parties often prefer early settlement to fighting a lawsuit through trial...more

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