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Revised HSR Thresholds Now in Effect

Each year, the minimum jurisdictional thresholds associated with the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR) are adjusted by the Federal Trade Commission (FTC). The 2025 adjustments went into effect on...more

New FTC Chairman Signals Change

Andrew Ferguson officially took over as Chairman of the Federal Trade Commission (FTC) on January 20, 2025. The former Solicitor General for the Commonwealth of Virginia was initially sworn in as an FTC Commissioner last...more

Agencies Issue Antitrust Guidelines for Business Practices Impacting Workers

On January 16, 2025, the U.S. Department of Justice and the Federal Trade Commission (together, “the agencies”) jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The newly issued guidelines...more

Leadership Changes and a New Direction at the FTC

On December 10, 2024, U.S. President-elect Donald Trump announced he would appoint current Commissioner Andrew Ferguson to lead the Federal Trade Commission (FTC) and nominate Mark Meador to fill the seat of outgoing Chair...more

FTC Debuts New Comment Portal

At an Open Commission Meeting on November 14, 2024, Federal Trade Commission (FTC) staff gave a presentation on the FTC’s new online merger portal, which provides a way for members of the public to comment on proposed...more

FTC Receives Grades for Its FY 2024 Performance

The Federal Trade Commission (FTC) recently issued its financial performance report for fiscal year (FY) 2024. The Office of Management and Budget requires a financial performance report on an annual basis. The FY 2024...more

House Report Is Critical of Chair Khan’s Administration of FTC

On October 31, 2024, the U.S. House Committee on Oversight and Accountability (“Committee”) released its staff report (“Report”) entitled “The Federal Trade Commission Under Chair Lina Khan: Undue Biden-Harris White House...more

FTC Disputes Whether States Can Effectively Displace Hospital Competition with COPA Regulation - Antitrust Byte | Epstein Becker...

As many as 19 states maintain the ability to exercise local control over hospital competition by offering industry participants wishing to merge a certificate of public advantage (COPA)....more

Proposed FTC Budget Signals Continued Enforcement Initiatives

The Federal Trade Commission’s (FTC’s) recently proposed fiscal year 2025 budget makes clear that enforcement is still a high priority....more

Agencies Seek Information on Serial Acquisitions

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) launched a public inquiry seeking information concerning serial acquisitions and roll-up strategies....more

Close of Comment Period for RFI on Consolidation in Health Care Markets

On March 5, 2024, the Federal Trade Commission, the U.S. Department of Justice, and the U.S. Department of Health and Human Services (the “agencies”) issued a joint Request for Information on Consolidation in Health Care...more

FTC Requests Substantial Increase to FY 2025 Budget

The fiscal year (FY) 2025 budget proposed by the Federal Trade Commission (FTC) seeks a 20 percent increase from its FY 2024 budget and an additional 55 employees to help support its mission....more

Federal Antitrust Enforcement Agencies Launch New Reporting Tool

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and U.S. Department of Health and Human Services recently launched a new online portal that allows the public to report potential anticompetitive practices...more

Five Commissioners and a Vote on Noncompetes to Come

The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate....more

Podcast: Key Changes in Finalized Antitrust Merger Guidelines – Diagnosing Health Care [Video]

After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures...more

Agencies Focus on Private Equity in Health Care

The Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” on March 5, 2024....more

FTC Calls on Congress to “Modernize” HSR Act and Extend Waiting Periods

Parties to transactions that are reportable under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act must observe a mandatory pre-close waiting period—30 days for most transactions—after reporting the transaction to the...more

Revised HSR Thresholds Announced

On January 22, 2024, the Federal Trade Commission (FTC) approved revised thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR)....more

Updated Merger Guidelines Finalized

On December 18, 2023, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued a significantly revised version of the Merger Guidelines that describes the frameworks the enforcement agencies...more

Latest Status of Proposed Merger Guidelines

The public comment period for the 2023 draft updates to the Merger Guidelines (“Draft Guidelines”) issued by the Federal Trade Commission and U.S. Department of Justice has closed, and it is possible to review the 1,600...more

The Federal Trade Commission Moves Closer to a Full Complement of Commissioners

The Federal Trade Commission (FTC) is supposed to have five Commissioners appointed by the president with the advice and consent of the Senate....more

FTC and DOL Sign MOU for Cooperation

In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more

Beyond Civil Enforcement

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more

Are Conduct Remedies to Merger Challenges Back on the Table?

The leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice uniformly describe the mandate of their respective agencies as one of antitrust “enforcement” and not “regulation.”...more

New Antitrust Theory: Cross-Market Effects

Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more

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