A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more
3/11/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Breach of Contract ,
Competition ,
Contract Terms ,
Dealerships ,
Internet Retailers ,
Manufacturers ,
OEM ,
Policies and Procedures ,
Popular ,
Retail Market ,
Unfair Competition ,
Unfair or Deceptive Trade Practices
During a recent virtual workshop hosted by the Federal Trade Commission (FTC), academics, trade association representatives, and two FTC commissioners advocated for change in the application of Section 2 of the Sherman Act to...more
1/14/2025
/ Algorithms ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Digital Marketplace ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Section 2 ,
Sherman Act ,
Technology Sector ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
On January 10, 2025, the Federal Trade Commission (FTC) announced the 2025 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $119.5 million to $126.4 million. Deals that...more
1/14/2025
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Premerger Notifications ,
Reporting Requirements
On January 7, 2025, the Federal Trade Commission (FTC) announced a settlement with three crude oil producers in which those companies will pay a $5.6 million fine to resolve claims they engaged in unlawful premerger...more
1/9/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Oil & Gas ,
Premerger Notifications ,
Sherman Act
Traditionally, Republican administrations have favored deregulation and a more lenient approach to antitrust enforcement that is grounded in economics over policy preferences. This environment often leads to an increase in...more
11/25/2024
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Premerger Notifications ,
Regulatory Reform ,
Trump Administration
On November 12, 2024, the final rule issued by the Federal Trade Commission (FTC) amending premerger notification requirements under the Hart-Scott-Rodino (HSR) Antitrust Act was published in the Federal Register. The HSR Act...more
11/13/2024
/ Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Deadlines ,
Hart-Scott-Rodino Act ,
New Rules ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Requirements
The Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) announced on Thursday, May 23, that they are expanding their search for businesses using “roll up” strategies to consolidate...more
5/30/2024
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare ,
Popular ,
Public Comment ,
Public Health ,
Request For Information
Seyfarth Synopsis: On January 22, 2024, the Federal Trade Commission (FTC) announced that the 2024 threshold for applying the size-of-parties test of the Hart-Scott-Rodino (HSR) Act will increase from $111.4 million to...more
1/26/2024
/ Antitrust Provisions ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Pre-Merger Filing Requirements ,
The Clayton Act ,
Threshold Requirements
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it was withdrawing three “outdated” antitrust enforcement policy statements related to healthcare markets. “After careful...more
In a January 11, 2023 op-ed published in the Wall Street Journal, President Joe Biden urged “Democrats and Republicans to come together to pass strong bipartisan legislation to hold Big Tech accountable.” He warned that the...more
1/24/2023
/ Antitrust Provisions ,
Automotive Industry ,
Biden Administration ,
Big Tech ,
Consumer Privacy Rights ,
Data Collection ,
Data Management ,
Federal Trade Commission (FTC) ,
Motor Vehicles ,
Regulatory Agenda ,
Regulatory Reform
With inflation on the rise and COVID restrictions receding but not yet gone, manufacturers and retailers alike should take care not to get caught in a regulatory squeeze with respect to the prices at which they sell goods to...more
On January 28, 2020, the Federal Trade Commission (FTC) announced that in 2020 the minimum size of transaction threshold for reporting proposed mergers and acquisitions under the Hart-Scott-Rodino (HSR) Act will increase from...more
1/30/2020
/ Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Popular ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
In a unanimous Opinion and Final Order issued on November 1, 2019, the Federal Trade Commission (“FTC”) upheld an administrative law judge’s determination that the acquisition by one leading US supplier of lower-limb...more
11/21/2019
/ Administrative Law Judge (ALJ) ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Corporate Sales Transactions ,
Divestment ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Pharmaceutical Industry