While the antitrust policy priorities of the new Administration continue to be developed, one possible result of the election may be increased activity by state attorneys general (AGs). Antitrust enforcement is a shared enterprise. The Department of Justice and...
This November, now President-elect Donald Trump won a decisive electoral victory. Republicans also gained control of both chambers of Congress. As one of many results, sweeping changes in policy, priorities, and personnel are likely coming for antitrust enforcement...
On October 10, 2024, the Federal Trade Commission (FTC) issued its Final HSR Rule, which substantially overhauls the HSR filing requirements and represents the most significant changes to the HSR filing regime since the Hart-Scott-Rodino Act (HSR) was enacted over...
The third rail of antitrust has always been price setting. Price fixing is the classic per se, illegal antitrust violation. The current Administration’s antitrust enforcers have broader ambitions, however. They are investigating—and bringing enforcement...
In a closely followed case that parallels the Department of Justice’s (DOJ) 1990s Microsoft antitrust victory, a D.C. district court has ruled that Google is a monopolist and has maintained its monopoly positions through anticompetitive means—exclusive...
Court action related to a recently abandoned hospital merger deal sought by Novant Health/Lake Norman and Davis Hospitals demonstrates the current FTC’s hostility to concentration-increasing mergers and the “failing firm” defense as spelled out...
On April 23, 2024, the FTC, by a 3-2 vote, issued its controversial, long-awaited final rule banning nearly all non-competes that would have significant impact: nearly one in five Americans are subject to a non-compete. But the ban’s effect will likely be...
With Republican commissioners Melissa Holyoak and Andrew Ferguson joining the FTC in March, the Commission has GOP input for the first time in nearly a year. On April 22, the now-full-strength FTC voted unanimously to challenge a merger between “accessible...
Antitrust attorneys advising on transactions with global reach often need to determine where to file merger control notifications around the world. Practical Guidance’s Multi-jurisdictional Merger Control (Jurisdiction) and Multi-jurisdictional Merger Control...
FTC Chair Lina Khan told a conference of the American Medical Association on February 14, 2024, that the healthcare market is under the microscope in the Commission’s push for greater competition across the economy. Recent efforts by the FTC in this space...
On January 16, 2024, a federal district court in Massachusetts prevented JetBlue from acquiring Spirit Airlines. The court focused on JetBlue’s roots as a maverick, low-cost carrier which provides innovation and downward pressure on prices and how the proposed...
A Missouri jury recently found that defendants National Association of Realtors (NAR) and a group of real estate brokerages were guilty of conspiring to inflate real estate broker commissions in violation of the antitrust laws and awarded damages of $1.785 billion...
Under the current administration, the FTC and DOJ are reluctant to settle deals with competition concerns and skeptical of whether divestitures remedy the alleged competition lost as a result of a transaction. In this enforcement environment, it behooves parties...
Summary: Developing a Strong Antitrust Foundation Cost-Effective Risk Assessment Leveraging Agency Precedent for Smaller Clients Building Relationships with Specialists Avoiding Small Firm Overconfidence The complex world of healthcare antitrust...
Summary: Mergers and Acquisitions Anticompetitive Conduct Insurance and ACO Antitrust Navigating Antitrust Agencies and Regulations Role of Antitrust Counsel in Healthcare Researching Antitrust Issues in Healthcare Over the past few decades...