On October 9, the Department of Justice’s (DOJ) Civil Rights Division convened the heads of federal agency civil rights offices to discuss and promote coordination around preventing harms that may stem from AI, including...more
10/17/2024
/ Anti-Discrimination Policies ,
Artificial Intelligence ,
Audits ,
Automated Decision Systems (ADS) ,
Bias ,
Department of Education ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Equity ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Machine Learning ,
Social Media ,
Whistleblowers
The new HSR form, instructions, and implementing rules were announced yesterday and are set to take effect 90 days from publication in the Federal Register.
In June 2023 the FTC issued a NPRM, drafted alongside the DOJ,...more
On October 3 and 4, the competition authorities of the G7, including the US Federal Trade Commission (FTC) and Department of Justice’s (DOJ) Antitrust Division, participated in a summit on AI competition challenges.
The...more
10/14/2024
/ Antitrust Division ,
Artificial Intelligence ,
Competition ,
Copyright ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
G7 ,
Innovation ,
Regulatory Agenda ,
Transparency ,
UK
On September 24, 2024, the U.S. Department of Justice Antitrust Division (“DOJ”) filed a monopolization suit against Visa, Inc. (“Visa”), alleging that Visa has a monopoly in general purpose debit network services and general...more
10/1/2024
/ Antitrust Litigation ,
Banks ,
Credit Cards ,
Department of Justice (DOJ) ,
Financial Transactions ,
Monopolization ,
Ohio v American Express ,
Popular ,
SCOTUS ,
Sherman Act ,
Visas
On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws....more
In the midst of increased focus of federal enforcers and courts on application of antitrust laws to developing technology, the U.S. Department of Justice (DOJ) filed an antitrust lawsuit on Friday accusing RealPage Inc., a...more
This week, the Antitrust Division of the U.S. Department of Justice (DOJ) reached one of its largest “gun jumping” settlements following allegations that sporting and entertainment events company, Legends Hospitality,...more
8/8/2024
/ Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Injunctive Relief ,
Negotiations ,
Neither Admit Nor Deny Settlements ,
Penalties ,
Sensitive Personal Information ,
Sports ,
Tunney Act
On Monday, Judge Amit P. Mehta of the United States District Court for the District of Columbia issued a 277-page opinion finding Google liable for monopolizing the general search services and general search text ads markets....more
In early June, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) reached an agreement dividing responsibility over AI oversight. The FTC will oversee competitive concerns relating to major software...more
President Joe Biden’s fiscal year (FY) 2025 budget proposal includes hundreds of millions of dollars allocated towards executive branch AI efforts.
The budget proposal’s AI-related provisions can be sorted into three...more
3/29/2024
/ Artificial Intelligence ,
Automation Systems ,
Biden Administration ,
Department of Agriculture ,
Department of Education ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Budget ,
Fraud and Abuse ,
HUD ,
National Science Foundation ,
NHTSA ,
NIST ,
Research and Development ,
Risk Management ,
U.S. Commerce Department ,
U.S. Treasury
Department of Justice (DOJ) Deputy Attorney General Lisa Monaco’s March 7, 2024, speech addressed the agency’s current enforcement stance towards AI.
In the speech, Monaco reiterated that there are no AI exemptions to the...more
3/15/2024
/ Artificial Intelligence ,
Compliance ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fraud ,
Market Manipulation ,
Price-Fixing ,
Sentencing ,
White Collar Crimes
On March 1, 2024, the Federal Trade Commission (FTC or Commission) and the Department of Justice (DOJ) submitted a Statement of Interest (SOI) in the case Duffy v. Yardi Systems Inc., et al.
In this SOI, the agencies...more
As part of the Biden administration’s State of the Union blitz, the Federal Trade Commission (FTC) convened a workshop on private equity (PE) investments in the health care industry on March 5, 2024. Immediately prior to the...more
After over two years of consultation and review, on February 15, 2024, the Federal Trade Commission (FTC or Commission) finalized a rule prohibiting the impersonation of government agencies or businesses in matters “in or...more
The Federal Trade Commission (FTC) announced yesterday increased jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended. The FTC...more
On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more
12/29/2023
/ Antitrust Division ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Mergers ,
Private Equity ,
Request For Information ,
The Clayton Act ,
Transparency ,
Vertical Mergers
Welcome to this week's issue of AI: The Washington Report, a joint undertaking of Mintz and its government affairs affiliate, ML Strategies. This week, we discuss the Senate Judiciary Committee’s December 13, 2023 hearing...more
12/20/2023
/ Algorithms ,
Amicus Briefs ,
Anti-Competitive ,
Antitrust Provisions ,
Artificial Intelligence ,
Data Collection ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Price-Fixing ,
Sherman Act ,
Summary of Consumer Rights
For years, the antitrust enforcement agencies have indicated their antipathy toward resolving competition issues in proposed mergers by entering into consent decrees that prohibit certain conduct, rather than stopping the...more
The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more
8/22/2023
/ Acquisitions ,
Antitrust Division ,
Consent Order ,
Department of Justice (DOJ) ,
Divestment ,
Federal Trade Commission (FTC) ,
Private Equity Firms ,
Section 8 ,
Settlement ,
The Clayton Act ,
Unfair Competition
On July 19, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published Draft Merger Guidelines. The Draft Merger Guidelines, if adopted, would replace both the...more
On Monday, the FTC lost its bid to preliminarily enjoin Microsoft’s acquisition of Activision, the maker of the popular video game, “Call of Duty.” Based on a vertical foreclosure theory, this case marks the fourth loss for...more
The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the...more
On March 16, the U.S. Department of Justice Antitrust Division (“DOJ Antitrust Division”) announced that a federal grand jury returned an indictment charging a former health care staffing executive of fixing wages for nurses....more
Congress passed the Merger Filing Fee Modernization Act of 2022 (“Filing Fee Modernization Act”) on December 23, 2022 as part of a broader omnibus spending bill. It was signed into law by President Biden on December 29, 2022....more
On July 25, 2022, the Antitrust Division of the U.S. Department of Justice (“DOJ”) filed a civil complaint in the U.S. District Court for the District of Maryland alleging that poultry processors, Cargill Inc. and Cargill...more
8/3/2022
/ Anti-Competitive ,
Civil Conspiracy ,
Compensation ,
Consent Decrees ,
Department of Justice (DOJ) ,
Employee Benefits ,
Meat Processing Plants ,
Poultry ,
Price-Fixing ,
Sensitive Business Information ,
Sherman Act ,
Trade Associations ,
Wage and Hour