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FTC Finalizes Major Overhaul and Expansion of HSR Act Reporting Requirements

On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing long-anticipated revisions to the Hart-Scott-Rodino Act...more

FTC Publishes Final Revisions to Pre-Merger Notification Rules

On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing the long-anticipated revisions to the Hart-Scott-Rodino Act...more

“No More Non-Competes,” Part Four: Texas Federal District Court Blocks FTC Noncompete Rule on Nationwide Basis

On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more

Gun-Jumping Isn’t the Stuff of Legends: DOJ Fines Hospitality Management Company $3.5 Million for Alleged Unlawful Pre-merger...

On August 5, 2024, the Department of Justice (“DOJ”) announced that it filed a civil complaint and proposed settlement with Legends Hospitality Parent Holdings LLC (“Legends”) for unlawful pre-merger coordination, commonly...more

“No More Non-Competes,” Part Three: Texas Judge Issues Limited Order Partially Blocking FTC Noncompete Rule

As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers...more

“No More Non-Competes,” Part Two: FTC Finalizes Rule Banning Essentially All Non-Compete Agreements with Workers

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers. This...more

2024 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more

2023 Chemicals & Energy Antitrust Report

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Antitrust Issues in Renewable Energy - November 2023

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. Europe generated almost 40% of its electricity from renewable sources in...more

White House Issues First-of-its-Kind Executive Order on AI

On October 30, 2023, President Biden issued an Executive Order (“Order”) that drastically increased the U.S. government’s engagement with artificial intelligence (“AI”). The sweeping Order touches on everything from bias in...more

Foundational Regulation: UK Competition & Markets Authority Outlines Vision for Competition Regulation of AI Foundation Models

On September 18, 2023 the UK Competition and Markets Authority (“CMA”) published its initial report regarding competition and consumer protection issues implicated by artificial intelligence (“AI”) foundation models (the “CMA...more

Generating Scrutiny: FTC Outlines Competition Concerns in Generative AI

On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more

AI Antitrust Issues Checklist

This checklist outlines antitrust considerations for the use of artificial intelligence (“AI”) technology. Practices involving AI that could give rise to antitrust risk include algorithmic collusion, exclusionary practices...more

European Commission Adopts New Antitrust Guidelines for ESG Competitor Agreements

The European Commission (the “EC”) recently adopted new guidelines that outline the antitrust assessment of agreements between competitors related to environmental, social, and governance (“ESG”) initiatives, including...more

First Blockchain Antitrust Market Study Launches in Luxembourg

The Luxembourg Competition Authority (“LCA”) announced that it is launching a market study into the “blockchain sector,” particularly the relationship between Web21 companies and Web32 projects. In its press release, the LCA...more

No More Non-Competes? FTC Proposes Rule Banning Nearly All Non-Compete Agreements with Workers

On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more

FTC Enters the Metaverse with Meta Merger Lawsuit

On July 27, 2022, the Federal Trade Commission (“FTC”) voted 3-2 to sue in federal district court to block Meta Platforms, Inc.’s (“Meta”) acquisition of Within Unlimited, Inc. (“Within”), a virtual reality (“VR”) app...more

Consumer Financial Protection Bureau Bolsters Competition Enforcement Efforts

On May 24, 2022, the Consumer Financial Protection Bureau (“CFPB”) announced that it is establishing a new office, the Office of Competition and Innovation, as part of a broader initiative to promote competition in the...more

Executive Order Encourages Antitrust Enforcers to Consider the Effect of Cryptocurrency and Blockchain Technology on Competition...

On March 9, 2022, President Joe Biden issued an Executive Order on Ensuring Responsible Development of Digital Assets that directs federal officials to consider the effects of “distributed ledger technology,” popularly known...more

FTC Letter Signals Increased Scrutiny of Oil & Gas M&A Activity

In a recent exchange of letters with the White House, the chair of the Federal Trade Commission (“FTC”) signaled her intent to ramp up antitrust enforcement in the oil and gas industry. The move comes as part of a broader...more

New FTC Chair Moves Quickly To Implement Progressive Agenda

On July 9, 2021, the Biden administration issued an “Executive Order on Promoting Competition in the American Economy” (“EO”) that seeks to “promote the interests of American workers, businesses, and consumers.”1 That same...more

Upping the Dose Of Enforcement: FTC To Re-Evaluate Its Pharmaceutical Merger Analysis

On March 16, 2021, the Federal Trade Commission (“FTC”) announced its plans to initiate an international working group that will “identify concrete and actionable steps to review and update the analysis of pharmaceutical...more

Antitrust Issues In Renewable Energy

Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of...more

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