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New Spending Package Changes Merger Filing Fees, Bars Transferring State AG Antitrust Lawsuits

On Dec. 29, 2022, President Joe Biden signed a $1.7 trillion omnibus spending package, which includes two important changes to antitrust law. It revises merger filing fees, raising fees for some transactions and lowering fees...more

DOJ Antitrust, HHS Enter 2023 With New Memorandum of Understanding, Coordinated Enforcement

On Dec. 9, 2022, the Antitrust Division of the U.S. Department of Justice (DOJ) and the Office of the Inspector General (OIG) of the U.S. Department of Health and Human Services (HHS) signed a memorandum of understanding...more

California to Require Advance Notice and Review of Certain Healthcare Transactions

Pursuant to the recent passage of Senate Bill 184, California has started implementing its newly formed Office of Health Care Affordability (OHCA), an agency charged with monitoring and managing healthcare costs. To “increase...more

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

Antitrust Enforcers Focusing on Clayton Act Section 8, Interlocking Directorates: Know Your Risk

Based on recent announcements and remarks of U.S. Department of Justice Antitrust Division (DOJ) leadership, it is clear that Section 8 of the Clayton Act, prohibiting “interlocking directorates,” is an enforcement priority...more

DOJ Secures Guilty Plea in First Section 2 Prosecution in Decades

On Oct. 31, 2022, the U.S. Department of Justice Antitrust Division (DOJ) announced that it brought criminal attempted monopolization charges under Section 2 of the Sherman Act, resulting in a guilty plea. Section 2, which...more

DOJ Signals Intent to Bring Criminal Charges for Monopolization

The U.S. Department of Justice’s Antitrust Division previewed on March 2, 2022, a potentially dramatic shift in its enforcement of Section 2 of the Sherman Act, which prohibits monopolization, attempted monopolization and...more

Federal Trade Commission Announces 2022 Changes to Hart-Scott-Rodino Filing Thresholds

On Jan. 21, 2022, the Federal Trade Commission (FTC) announced it is publishing revised reporting thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act)....more

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