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FTC Act Antitrust Division

BakerHostetler

Live Updates - ABA Antitrust Spring Meeting 2025, Washington, D.C.

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The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C....more

Wilson Sonsini Goodrich & Rosati

Enforcement Priorities of President Trump’s DOJ and FTC Begin to Take Shape

Now more than a month into President Trump’s second term, the Administration’s antitrust enforcement priorities have begun to take shape. Recent actions indicate that the Federal Trade Commission (FTC) and Antitrust Division...more

Orrick, Herrington & Sutcliffe LLP

FTC appoints three new officials

On February 10, FTC Chairman Andrew N. Ferguson announced the appointments of three individuals. Lucas Croslow was appointed General Counsel of the FTC. Croslow was previously the Solicitor General of Virginia, where he...more

Axinn, Veltrop & Harkrider LLP

A Vertical Merger in a “Horizontal” Market: Court Rejects FTC’s Challenge to Tempur Sealy’s Acquisition of Mattress Firm

On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission’s request for a preliminary injunction to block Tempur Sealy’s (the world’s largest mattress manufacturer)...more

Orrick, Herrington & Sutcliffe LLP

FTC designates a new chairman

On January 20, Andrew N. Ferguson was officially designated as the Chairman of the FTC by President Trump. Chairman Ferguson noted his commitment to ending what he described as the previous administration’s negative impact on...more

BCLP

Disconnecting Companies: DOJ and FTC Push for Broader Interlocking Directorate Liability

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On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...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

Wilson Sonsini Goodrich & Rosati

In Case You Missed It: The ABA Antitrust Section's Fall Forum

On November 14, 2024, the American Bar Association (ABA) held its annual Antitrust Fall Forum in Washington, D.C., co-chaired this year by Wilson Sonsini partner Taylor M. Owings. The Forum was a chance for the antitrust bar...more

Morrison & Foerster LLP

Tapestry/Capri Handbag Merger Temporarily Halted by S.D.N.Y.

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On October 24, 2024, Judge Rochon of the U.S. District Court for the Southern District of New York granted the Federal Trade Commission’s (FTC) motion for a preliminary injunction to prevent Tapestry, Inc. (“Tapestry”) from...more

Foley & Lardner LLP

Private Equity Investments in Oncology: Top Five Things to Know

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Although private equity (PE) sponsors have been active investors in the health care services industry for the last decade, PE-backed health care providers today constitute only 4% of the United States health market by...more

A&O Shearman

District Courts Split On Federal Trade Commission’s Non-Compete Clause Rule

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On July 23, 2024, Judge Kelley Brisbon Hodge of the United States District Court for the Eastern District of Pennsylvania denied plaintiff’s motion for a preliminary injunction seeking to enjoin the Federal Trade Commission...more

Axinn, Veltrop & Harkrider LLP

Did the Supreme Court Just Make It Harder for the FTC to Block Mergers?

For most litigated mergers, the preliminary injunction hearing is decisive: if the FTC or DOJ obtains a preliminary injunction, parties frequently abandon the deal before the case is fully litigated on the merits, and...more

Hogan Lovells

FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

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On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...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

Troutman Pepper Locke

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

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Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

White & Case LLP

Federal Trade Commission Likely to Expand Labor Enforcement to Worker-Misclassification Issues

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In a February 2, 2024 keynote speech to antitrust enforcers and practitioners, Commissioner Alvaro M. Bedoya argued that the U.S. Federal Trade Commission ("FTC") should challenge worker misclassification as a violation of...more

Morrison & Foerster LLP

FTC Alleges Improper Orange Book Listing of Drug Delivery Device Patents

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In the latest attempt to promote generic drug competition and reduce drug prices, and consistent with broader efforts to enforce the antitrust laws more aggressively, the Federal Trade Commission (FTC) announced on November...more

Holland & Knight LLP

FTC Sues Private Equity Firm, Portfolio Company Over Anesthesiology Roll-Up Strategy

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The Federal Trade Commission (FTC) on Sept. 21, 2023, sued a private equity firm in the U.S. District Court for the Southern District of Texas over an alleged decade-long "roll-up" strategy to consolidate anesthesiology...more

A&O Shearman

FTC sues PE fund and its portfolio company, signaling continued and growing focus on PE funds and roll-up acquisitions

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On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more

Foley & Lardner LLP

Federal Trade Commission Warns Against Improper Orange Book Listings

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As announced in a September 14, 2023, press release, the FTC has issued a policy statement “warning pharmaceutical companies that make and sell brand-name drugs that they could face legal action if they improperly list...more

Troutman Pepper Locke

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines

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The Federal Trade Commission (FTC) and Department of Justice (DOJ), Antitrust Division announced that they will hold three workshops regarding their jointly issued Draft Merger Guidelines. The first virtual workshop will be...more

Goodwin

US Antitrust Regulators Continue to Crack Down on Interlocking Directorates, and the FTC Expands Scope of Clayton Act to...

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On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more

Troutman Pepper Locke

Interlocking Directorates in the Antitrust Crosshairs

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The Federal Trade Commission’s (FTC) recent multipronged challenge to EQT Corporation’s acquisition from the Quantum Energy Partners private equity investment group “marks the FTC’s first case in 40 years that enforces...more

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