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FTC and DOJ Issue New Merger Guidelines

On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

FTC and DOJ Announce New Enforcement Actions Against Interlocking Directorates

On August 16, 2023, the US Federal Trade Commission (“FTC”) brought its first enforcement action under Section 8 of the Clayton Act in 40 years. At the same time, the US Department of Justice’s Antitrust Division (“DOJ” and...more

FTC and DOJ Announce New Draft Merger Guidelines

vOn July 19, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), released draft merger guidelines for public...more

FTC and DOJ jointly announced proposed changes to the HSR premerger notification form

On June 27, 2023, the FTC and DOJ (the Agencies) jointly announced proposed changes to the HSR premerger notification form. The Notice of Proposed Rulemaking, which appeared in the Federal Register, includes provisions that...more

Federal Judge Throws Out DOJ’s No-Poach Case

Last week, U.S. District Judge Victor A. Bolden dismissed a case brought by the U.S. Department of Justice (“DOJ”) against several aerospace engineering bosses for alleged anticompetitive use of no-poach agreements. This...more

DOJ Alters Standards for Information Sharing in Healthcare

On Friday, February 3, DOJ announced that it is withdrawing three policy statements of antitrust guidance it has provided and that have been adopted by the healthcare industry for close to 30 years. The statements include...more

FTC Updates the Size of Transaction Thresholds for Premerger Notification Filings

On January 23, 2023, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more

The FTC's Aggressive New Section 5 Policy

On November 10, 2022, the US Federal Trade Commission issued a new Policy Statement indicating that the current Commission plans to expand its use of Section 5 of the FTC Act. Such an expansion would constitute a significant...more

FTC Announces Increased Hart-Scott-Rodino Thresholds

On January 24, 2022, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more

White House Issues Executive Order on Promoting Competition in the American Economy

The White House announced today that President Joe Biden issued an expansive executive order designed to enhance competition across multiple sectors of the U.S. economy, including healthcare, technology, internet service,...more

Second Criminal No-Poach Case Brought by DOJ

On January 7, 2021, the Antitrust Division of the U.S. Department of Justice announced a two-count indictment of Surgical Care Affiliates LLC (“SCA”), which owns and operates outpatient medical care centers across the...more

DOJ Brings First Criminal Wage Fixing Complaint

On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical...more

DOJ and FTC Issue Final Vertical Merger Review Guidelines

On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more

DOJ/FTC Release Competitor Collaboration Guidance in Light of COVID-19

On March 24, 2020, the Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission (the Agencies) issued guidance and outlined an expedited review process for companies seeking to work together...more

FTC Announces Temporary Filing Procedures Due to Coronavirus

On Friday, March 13, 2020 the Federal Trade Commission and the Department of Justice Antitrust Division announced plans to implement temporary new procedures for the submission of Hart-Scott-Rodino pre-merger notification...more

DOJ and FTC Release New Vertical Merger Review Guidelines for Public Comment

On Friday, January 10, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new guidelines for the agencies’ review of vertical mergers. Vertical mergers involve the combination of firms...more

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Additional Lessons From AT&T/Time Warner: Self-Help Remedies in Merger Challenges

The DOJ Antitrust Division’s high profile, unsuccessful attempt to block the AT&T/Time Warner merger ended on February 26, 2019 after the U.S. Court of Appeals for the D.C. Circuit affirmed the trial court’s decision to allow...more

FTC Announces Increased Hart-Scott-Rodino Thresholds

On February 15, 2019, the Federal Trade Commission (FTC) announced revised jurisdictional thresholds for determining whether a proposed transaction must be reported to federal authorities under the Hart-Scott-Rodino (HSR)...more

Trump Administration Calls for Heightened Scrutiny of Competition in the Healthcare Industry

The Department of Health and Human Services (the “Department”), in conjunction with the Treasury Department, the Federal Trade Commission, and the Department of Labor, recently issued a report describing a number of concerns...more

FTC Broadens HSR Reporting Requirements for Non-Profit Hospital Combinations

The Premerger Notification Office (“PNO”) of the Federal Trade Commission recently announced it would change how it and the Department of Justice evaluate transactions that involve the combination of one or more...more

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