Introduction A recent ruling condemning price discrimination for a popular eye drop brand is yet another reminder that companies cannot afford to ignore antitrust risk under the Robinson-Patman Act (RPA), a longstanding law...more
The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct...more
7/11/2023
/ Antitrust Division ,
Antitrust Investigations ,
Antitrust Litigation ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Employees ,
Federal Aviation Administration (FAA) ,
Federal Trade Commission (FTC) ,
Interviews ,
NLRB ,
Securities and Exchange Commission (SEC)
President Biden signed into law H.R. 2617, the Consolidated Appropriations Act, 2023 on December 29, 2022. This new legislation includes the Merger Filing Fee Modernization Act of 2022 (MFFMA), which amends the amounts and...more
2/3/2023
/ Antitrust Division ,
Biden Administration ,
Consolidated Appropriations Act (CAA) ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Foreign Subsidiaries ,
Hart-Scott-Rodino Act ,
New Legislation ,
Pre-Merger Filing Requirements ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC)
The Federal Trade Commission (FTC) recently announced its annual adjustments to the pre-merger notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the HSR Act) and interlocking directorate...more
Taylor Swift fans seeking to score tickets to the superstar’s highly anticipated “Eras” tour were outraged when Ticketmaster could not handle what it dubbed “unprecedented” demand. In response, Taylor Swift bemoaned, “It’s...more
Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more
11/16/2022
/ Antitrust Violations ,
Appeals ,
Class Action ,
Collusion ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement ,
Federal Trade Commission (FTC) ,
Price-Fixing ,
Settlement ,
Sherman Act ,
The Clayton Act ,
Wage-Fixing
A proposed healthcare acquisition was abandoned following the Federal Trade Commission’s (FTC or the Commission) unanimous vote to oppose the transaction. In the face of 5-0 FTC opposition, New Jersey providers RWJBarnabas...more
The U.S. Federal Trade Commission (FTC) voted 5-0 to issue a complaint and accept a proposed order for public comment regarding private equity fund JAB Consumer Partners SCA SICAR’s (JAB) $1.1 billion acquisition of SAGE...more
6/24/2022
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Consumer Financial Protection Bureau (CFPB) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Investigations ,
Mergers ,
Private Equity ,
Private Equity Funds
On January 18, 2022, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division (the agencies) launched a joint public inquiry to modernize and strengthen merger enforcement. In...more