News & Analysis as of

Federal Trade Commission (FTC) Anticompetitive Behavior

Kerr Russell

Price Collusion in the Crosshairs

Kerr Russell on

There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Alston & Bird

Strike Force on Unfair and Illegal Pricing Holds First Public Meeting: CFPB Director Highlights Work on Junk Fees

Alston & Bird on

What Happened? As reported by Alston & Bird’s Antitrust Group, the Federal Trade Commission and the Department of Justice hosted the first public meeting of the Strike Force on Unfair and Illegal Pricing (the “Strike...more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

Goodwin on

Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

Axinn, Veltrop & Harkrider LLP

Hospital Deal Collapses When Fourth Circuit Agrees to Injunction Pending Review of FTC Loss — Key Issue Left Unresolved

The FTC lost its challenge to Novant's acquisition of two hospitals owned by Community Health Systems ("CHS") but obtained an injunction pending appeal. Soon after learning the injunction was granted, Novant dropped the...more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

K&L Gates LLP

Judge Dismisses FTC Case Against Welsh Carson but Enforcement Focus on Private Equity in Health Care Continues

K&L Gates LLP on

On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been...more

Axinn, Veltrop & Harkrider LLP

HealthyCompetition.gov Portal Seeks Public Input on Healthcare Industry Practices

Expanding the range of ways they can identify and investigate potential competition concerns in healthcare, DOJ, FTC, and HHS recently announced the introduction of HealthyCompetition.gov, a new portal through which the...more

Cozen O'Connor

Federal Agencies Launch Public Portal to Bring Health Care Costs Back into Orbit

Cozen O'Connor on

The FTC, U.S. DOJ, and HHS have launched an online portal for the public to report potentially unfair and anticompetitive health care practices to the FTC and the Antitrust Division of the DOJ....more

MoginRubin LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

MoginRubin LLP on

For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more

Morrison & Foerster LLP

The White House Launches Interagency Strike Force Targeting Unfair and Illegal Pricing

As part of its whole-of-government effort to enforce the antitrust laws, the Biden administration recently launched a new interagency Strike Force on Unfair and Illegal Pricing (Strike Force), which will be co-chaired by the...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

Lowenstein Sandler LLP

Antitrust Agencies’ Health Care RFI Signals Increased Scrutiny of PE Deals

Lowenstein Sandler LLP on

On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more

Paul Hastings LLP

Antitrust Authorities Keep Pressure Up on Private Equity, Focusing on Healthcare

Paul Hastings LLP on

A recent government initiative announced on March 5, 2024 signals that more antitrust scrutiny for private equity firms and asset managers is on the horizon. The U.S. antitrust agencies, the Federal Trade Commission (“FTC”)...more

Ervin Cohen & Jessup LLP

FTC Sues to Stop $24.6 Billion Kroger-Albertsons Deal

On February 26, 2024, the Federal Trade Commission (“FTC”) issued an administrative complaint and authorized a lawsuit in federal court to block Kroger Company’s proposed $24.6 billion acquisition of the Albertsons Companies,...more

Paul Hastings LLP

FTC and DOJ Solidify Expanded Merger Enforcement in Finalized Merger Guidelines

Paul Hastings LLP on

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) released final revisions to the Merger Guidelines (the “2023 Merger Guidelines”) that frame the agencies’...more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Private Equity Under the Antitrust Microscope

In the second installment of our “Fierce Competition” podcast, partners Ken Schwartz, Tara Reinhart and Aurora Luoma discuss issues that antitrust attorneys — on both the corporate and litigation side — encounter as antitrust...more

Manatt, Phelps & Phillips, LLP

DOL, FTC Partner Up on Employment Issues

The Department of Labor (DOL) and the Federal Trade Commission (FTC) have partnered to fight anticompetitive, unfair and deceptive practices in a new formal collaboration between the agencies. ...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 3rd Quarter 2023

Morrison & Foerster LLP on

The third quarter of 2023 was eventful for both domestic and international cartel enforcers. In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more

Epstein Becker & Green

FTC and DOL Sign MOU for Cooperation

Epstein Becker & Green on

In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more

Venable LLP

FTC Challenges Anesthesiology Acquisitions in Lawsuit Against a Private Equity Firm

Venable LLP on

At the end of September, the Federal Trade Commission sued a private equity firm, Welsh, Carson, Anderson & Stowe, and U.S. Anesthesia Partners, Inc. (USAP), an anesthesia service provider in Texas, alleging that USAP and...more

Cozen O'Connor

The State AG Report – 9.28.2023

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: • AGs Ask Congress for Joint Effort in Making Banking...more

Wilson Sonsini Goodrich & Rosati

FTC Sues Amazon for Illegally Maintaining Monopoly Power

On September 26, 2023, the Federal Trade Commission (FTC) and 17 state attorneys general filed a complaint in the U.S. District Court for the Western District of Washington against Amazon.com, Inc. under Section 5 of the FTC...more

Cozen O'Connor

FTC, DOL Partner to Protect Workers

Cozen O'Connor on

The FTC and the U.S. Department of Labor (DOL) signed an agreement to increase inter-agency cooperation in combatting anticompetitive behavior and unfair and deceptive acts and practices that harm workers....more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Stevens & Lee

FTC Sues Private Equity Firm and Anesthesia Group Alleging Unlawful Monopolization in Texas Market

Stevens & Lee on

Yesterday, the Federal Trade Commission (“FTC”) filed suit in federal district court alleging that U.S. Anesthesia Partners, Inc. (“USAP”), and the private equity firm Welsh, Carson, Anderson & Stowe (“Welsh Carson”), which...more

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