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International antitrust enforcers outline competition concerns in AI markets

On October 3, 2024 the Federal Trade Commission (FTC) and Department of Justice Antitrust Division (DOJ or the Antitrust Division) participated in the G7 Competition Authorities and Policymakers Summit, which focused on...more

FTC and DOJ launch public inquiry on serial acquisitions and roll-up strategies

On May 23, 2024, the U.S. Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) (the Agencies) published a Request for Information (the “May 2024 RFI”) to solicit public comments to help...more

FTC continues to highlight FDA Orange Book patent listings

With the recent filing of an amicus brief in a private pharmaceutical patent infringement case, the Federal Trade Commission (FTC) has continued its focus on allegedly “improperly listed” patents in the Food and Drug...more

DOJ and FTC update Second Request guidance to address the use of ephemeral messaging applications

On January 26, 2024 the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) announced1 that the standard preservation letters and specifications for all voluntary access letters, second requests, and compulsory...more

FTC focused on competition and dominance in generative AI space

On January 25, 2024 the Federal Trade Commission (FTC) hosted a Technology Summit focused on generative artificial intelligence (AI) and other innovative technologies to address how control over key inputs—like data, chips,...more

The European Commission report on competition enforcement in the pharmaceutical sector

On 26 January 2024, the European Commission published a report on competition enforcement in the pharmaceutical sector, highlighting the role of EU competition law in safeguarding market participants and consumers,...more

Competition considerations featured in President Biden’s Executive Order on Artificial Intelligence

On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order, which recognizes AI’s extraordinary potential but also the...more

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

FTC Bureau of Competition warns against enforcing contract terms that hinder agency investigations

On June 16, 2023 the Federal Trade Commission’s (FTC) Bureau of Competition (the Bureau) issued a statement outlining its view that the enforcement of certain contract terms “can impede the Bureau’s law enforcement...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

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more

DOJ secures first criminal attempted monopolization conviction in decades

On 31 October 2022 the Department of Justice Antitrust Division (DOJ or the Division) announced that the president of a Montana paving and asphalt contractor pled guilty to one count of violating Section 2 of the Sherman Act...more

A Survey of President Biden’s Executive Order on Promoting Competition in the American Economy

It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy.  The Executive Order outlines a “whole-of-government” approach to...more

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