On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government to expand the scope of liability for interlocking...more
1/20/2025
/ Antitrust Division ,
Antitrust Provisions ,
Artificial Intelligence ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Elon Musk ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
Interlocking Directorate ,
Microsoft ,
Section 8 ,
The Clayton Act
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
1/15/2025
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Jurisdictional Thresholds ,
Mergers ,
Pre-Merger Filing Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
The Federal Trade Commission (“FTC”) sent a firm message—unlawful coordination of merging businesses prior to the closing under the Hart-Scott-Rodino Antitrust Improvements (“HSR”) Act will be aggressively enforced. On...more
This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more
12/31/2024
/ Antitrust Litigation ,
Competition ,
Distributors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Presidential Nominations ,
Price Discrimination ,
Product Pricing ,
Robinson-Patman Act ,
Supply Chain
On Tuesday, December 10, Donald Trump announced two picks for placements on the Federal Trade Commission: Commissioner Andrew Ferguson for Chair and Mark Meador for Commissioner. While Meador’s appointment requires Senate...more
12/17/2024
/ Administrative Law Judge (ALJ) ,
Agricultural Sector ,
Antitrust Division ,
Biden Administration ,
Big Tech ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Presidential Nominations ,
Regulatory Agenda ,
Sherman Act ,
Trump Administration
On Wednesday, December 4, Donald Trump announced his pick to run the Department of Justice’s Antitrust Division: Gail Slater.
Slater is a seasoned antitrust attorney with extensive government experience....more
Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
1/24/2024
/ Acquisitions ,
Antitrust Division ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
This week’s filings by the Federal Trade Commission (“FTC”) against Amazon.com, Inc. (“Amazon”) and the Department of Justice Antitrust Division (“DOJ”) against Agri Stats, Inc. (“Agri Stats”) exemplify the agencies’ broad...more
On June 27, 2023 the Federal Trade Commission, with the concurrence of the Antitrust Division of the Department of Justice, (together, the “Agencies”) announced proposed amendments to the premerger notification rules that...more
7/3/2023
/ Antitrust Division ,
Antitrust Provisions ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Hart-Scott-Rodino Act ,
Merger Controls ,
Merger Reviews ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Proposed Amendments
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
The Federal Trade Commission announced the annual revised thresholds for merger notifications under the Hart Scott-Rodino Antitrust Improvements act of 1976, as amended (“HSR Act”). The thresholds are revised annually based...more
The Consolidated Appropriations Act, 2023 was signed into law by President Biden on December 29, 2022. Included in this massive bill was the Merger Filing Fee Modernization Act of 2022 (the “Fee Modernization Act”)....more
On January 24, 2022, the U.S. Federal Trade Commission (“FTC”) announced increased financial thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). Following statutory amendments...more
After leaving the position vacant for six long months, the Biden Administration announced that it would nominate Jonathan Kanter for the position of Assistant Attorney General for the Antitrust Division at the Department of...more
Four days after Congress introduced five antitrust bills with significant levels of bipartisan support, President Biden appointed - and Congress overwhelmingly approved - notable Big Tech critic Lina Khan to be the Chair of...more
Along with the HSR filing thresholds, the Federal Trade Commission recently lowered the interlocking directorate thresholds under Section 8 of the Clayton Act. Section 8 prohibits, with certain exceptions, one person from...more
In light of the developing COVID-19 pandemic, the Federal Trade Commission’s Premerger Notification Office ( “PNO”) has announced temporary changes for submitting premerger filings under the Hart-Scott Rodino (“HSR”)...more