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The Return of Price Discrimination Enforcement: What Every Business Needs to Know

The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

Federal Trade Commission and Department of Justice Issue New Merger Guidelines

Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more

FTC Proposes Enhanced Information in HSR Filing Requirements

On June 27, 2023, the Federal Trade Commission (“FTC”) announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino (“HSR”) Act and to the HSR form and instructions...more

FTC Consent Decrees Underscore Skepticism and Scrutiny of Private Equity Firms

Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future...more

Trial Setbacks Are Unlikely to Deter the Antitrust Division from Aggressively Pursuing Labor Cases

Last week, the Department of Justice Antitrust Division suffered two trial setbacks in its efforts to bring cases involving alleged anticompetitive conduct in labor markets. Despite these losses, we expect the Division to...more

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