News & Analysis as of

Federal Trade Commission (FTC) Investigations Department of Justice (DOJ)

Sheppard Mullin Richter & Hampton LLP

[Webinar] Competition Crosshairs on the Food and Beverage Industry: DOJ and FTC Priorities in a Changing Administration - November...

Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission (“FTC”) and Department of Justice,...more

BakerHostetler

Deeper Dive: Preserving Ephemeral Messaging - Capture Data Before Its Ghosts Haunt Your Compliance

BakerHostetler on

Organizations whose mantra is “We just never delete anything” (i.e., organizations simply retaining all information indefinitely) are now facing headwinds, especially when the information contains personal information. As our...more

Jackson Lewis P.C.

Why Employers’ Non-Competes Could Still Be at Risk Despite FTC Rule Being ‘Set Aside’

Jackson Lewis P.C. on

The U.S. District Court for the Northern District of Texas in Ryan LLC v. FTC granted summary judgment “setting aside” the Federal Trade Commission’s (FTC’s) Final Rule banning non-compete clauses between employers and...more

Foley & Lardner LLP

Disappearing Messages, Unofficial Communications Platforms and Ever-Increasing Scrutiny by Regulators

Foley & Lardner LLP on

Corporate use of third-party messaging platforms, including ephemeral messaging tools (which allow messages to disappear), is quite common and has become both a cost efficiency for employers and a convenient way for employees...more

Baker Botts L.L.P.

Competition Currents: Summer's Hottest Headlines and Future Forecast

Baker Botts L.L.P. on

Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Hinch Newman LLP

FTC Investigation Leads to Lawsuit Against TikTok and ByteDance for Alleged Violations of the Children’s Online Privacy Protection...

Hinch Newman LLP on

On August 2, 2024, on behalf of the Federal Trade Commission, the Department of Justice sued video-sharing platform TikTok, its parent company ByteDance, as well as its affiliated companies, with allegedly violating the...more

Foley & Lardner LLP

Members of Congress Call for DOJ to Investigate Possible Antitrust Violations in Oil Industry

Foley & Lardner LLP on

On May 30, 23 Senators signed a letter to the Attorney General, calling on the U.S. Department of Justice’s (DOJ) Antitrust Division to “use every tool” to investigate the oil industry for potential violations of the Sherman...more

Proskauer - Health Care Law Brief

As Scrutiny Escalates, DOJ Announces the Formation of the Health Care Monopolies and Collusion Task Force

The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more

Manatt, Phelps & Phillips, LLP

NAR v. DOJ: D.C. Circuit Bolsters Antitrust Division’s Investigative Powers In Real Estate

In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National...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

Proskauer - Minding Your Business

FTC and DOJ Clarify Preservation Obligations for Instant Messaging Platforms

The Federal Trade Commission’s Bureau of Competition and the Department of Justice Antitrust Division released a joint statement reiterating document preservation obligations for companies and individuals that are the subject...more

Lighthouse

DOJ and FTC Update Preservation Specifications for Second Requests

Lighthouse on

What’s changing - On January 26, 2024, the Department of Justice (DOJ)’s Antitrust Division and the Federal Trade Commission (FTC) announced updated language within their standard antitrust preservation specifications that...more

Troutman Pepper

Companies Can No Longer Afford to Slack Off in Preserving Chats and Messages

Troutman Pepper on

Doubling down on guidance originally issued in September 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced updates to standard preservation letters and...more

Mayer Brown

New FTC and DOJ Antitrust Division Document Preservation Guidance Takes Aim At Collaboration Tools and Messaging Platforms

Mayer Brown on

The FTC and DOJ’s Antitrust Division recently announced that they are updating their guidance regarding how parties in enforcement and investigative matters must preserve electronically stored information (“ESI”) from...more

Sheppard Mullin Richter & Hampton LLP

2024 Top-of-Mind Issues for Life Sciences Companies

As we reflect on 2023 and make predictions for 2024, it is remarkable the number of significant events occurring this past year that will be impactful for the activities of the life sciences industry going forward. Although...more

Lowenstein Sandler LLP

Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden...

Lowenstein Sandler LLP on

The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

Dechert LLP

DAMITT Q3 2023: Merger Control Is a Marathon, Not a Sprint

Dechert LLP on

United States - All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Four of the last five quarters have now concluded without any consent agreements, demonstrating the...more

BakerHostetler

State Attorneys General Take a Strong Pro-Enforcement Stance in Comments to Draft Merger Guidelines

BakerHostetler on

On Sept. 18, 2023, 19 Democratic state attorneys general (AGs) filed public comments to the Draft Merger Guidelines (Draft Guidelines) proposed by the U.S. Department of Justice and the Federal Trade Commission (the Agencies)...more

Jenner & Block

Client Alert: Senator J.D. Vance Calls for FTC and DOJ to Investigate Admissions Practices of Universities in the Wake of SFFA

Jenner & Block on

On August 10, 2023, Sen. J.D. Vance, R-Ohio, called for the Federal Trade Commission and the U.S. Department of Justice to investigate top universities for allegedly coordinating their admissions policies following the U.S....more

Dechert LLP

DAMITT Q2 2023: When Avoiding Settlements, Does Merger Enforcement Settle for Less?

Dechert LLP on

All significant U.S. merger investigations concluded in either a complaint or an abandoned transaction. Three of four quarters over the last year have now concluded without any consent agreements, demonstrating the agencies’...more

Proskauer - Minding Your Business

FTC to Dealmakers: Don’t Interfere with Investigations

On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit the disclosure of...more

Sheppard Mullin Richter & Hampton LLP

Government Contracting Companies Beware: DOJ’s Procurement Collusion Strike Force is Global, Growing, and Going Strong

It has been another busy year for the Department of Justice’s Procurement Collusion Strike Force (PCSF). Formed in 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes...more

Hinch Newman LLP

Roundup of FTC Consumer Protection Matters of Interest to Digital Advertisers: April 2023

Hinch Newman LLP on

In April 2023, the Federal Trade Commission announced a number of consumer protection actions and inquiries involving an important U.S. Supreme Court Ruling regarding the ability of defendants in FTC and SEC actions to raise...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q1 2023

McDermott Will & Emery on

UNITED STATES - Wilson Resigns as FTC Commissioner - On February 14, the Federal Trade Commission’s (FTC’s) lone Republican commissioner, Christine Wilson, announced that she was resigning. Wilson explained her decision...more

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