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Trump 2.0 antitrust agenda takes shape in administration’s first 100 days: What we’re seeing and what to expect

As the first 100 days of President Trump’s second term draw to a close, the new administration’s antitrust enforcement agenda is coming into focus. In recent statements, Federal Trade Commission (FTC) Chair Andrew Ferguson...more

Is antitrust back in fashion? Implications of the FTC‘s win in the Tapestry/Capri merger

On October 24, 2024, the District Court for the Southern District of New York granted the Federal Trade Commission (“FTC”)’s request for a preliminary injunction to halt the merger between Tapestry, Inc. (“Tapestry”) and...more

Private equity investment in health care remains in U.S. antitrust enforcers’ crosshairs

Private equity investment in the health care sector continues to be a significant area of focus for the U.S. antitrust agencies. On March 5, 2024, the Federal Trade Commission (FTC) hosted a public workshop to “examine the...more

New FTC plan for a possible government shutdown would shut down reportable mergers and acquisitions

In late January 2024, the Federal Trade Commission (“FTC”) released an updated operating plan in the event Congress does not pass a funding bill and the government shuts down. In a dramatic departure from prior practice, the...more

FTC and DOJ finalize new merger guidelines articulating expansive theories of enforcement

On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more

Antitrust Enforcement in the Health Care Sector to remain a key focus in the Biden Administration

On December 7, 2023, the White House announced a series of initiatives to “lower health care and prescription drug costs by promoting competition.” Citing increasing concentration in the health care industry among payers,...more

FTC and DOJ publish long-awaited draft of proposed merger guidelines

On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more

FTC and DOJ outline potential changes to agencies’ review of pharmaceutical mergers

On June 1, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) released a summary of a workshop jointly held by the agencies in June 2022 titled “Future of...more

ESG Initiatives: No Defense Under US Antitrust Laws

On 20 September 2022, the US Senate Judiciary Subcommittee on Competition Policy, Antitrust, and Consumer Rights held a hearing on “Oversight of Federal Enforcement of the Antitrust Laws."1 Senators from both parties...more

FTC workshop highlights potential changes to agency’s review of pharmaceutical mergers

On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more

Private equity in health care: in the Antitrust crosshairs

Transactions and other investments in the health care industry by private equity firms are a hot enforcement topic at both the U.S. Federal Trade Commission (“FTC”) and the Antitrust Division of the U.S. Department of Justice...more

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