State attorneys general (State AGs) are becoming increasingly active in the realm of antitrust enforcement, focusing on mergers, monopolization, and ESG-related cases. In recent years, state AGs have taken assertive roles in...more
4/2/2025
/ Acquisitions ,
Antitrust Litigation ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Mergers ,
Monopolization ,
Popular ,
State and Local Government ,
State Attorneys General ,
Trump Administration ,
White Collar Crimes
In 2024, state attorneys general (“State AGs”) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more
4/2/2025
/ Affirmative Action ,
Artificial Intelligence ,
Chevron Deference ,
Consumer Protection Laws ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Enforcement Actions ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Popular ,
Reverse Discrimination ,
SCOTUS ,
State Attorneys General ,
Students for Fair Admissions v Harvard College
In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more
2/3/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Employment Contract ,
False Statements ,
Federal Trade Commission (FTC) ,
Franchises ,
Human Resources Professionals ,
Independent Contractors ,
Labor Reform ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Trump Administration ,
Unfair Competition ,
Wage-Fixing
The new year marks the transition from the Biden administration and its whole-of-government approach to antitrust enforcement, to the return of President Trump. To spearhead his administration’s antitrust enforcement efforts,...more
1/31/2025
/ Algorithms ,
Antitrust Division ,
Artificial Intelligence ,
Cartels ,
Collaboration ,
Competition ,
Criminal Prosecution ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Information Sharing ,
Mexican Economic Competition Commission (Cofece) ,
Popular ,
Procurement Collusion Strike Force ,
Technology Sector ,
Trump Administration ,
UK Competition and Markets Authority (CMA) ,
Whistleblowers
On January 10, 2025, the Federal Trade Commission (“FTC”) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust...more
1/16/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Reporting Requirements ,
Size of Persons Test ,
Size of Transaction Test ,
Threshold Requirements
Morrison Foerster’s State and Local Government Task Force is pleased to provide our bimonthly newsletter summarizing some of the most important and interesting developments from state attorneys general (State AGs) across the...more
1/9/2025
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Biometric Information ,
Class Action ,
Competition ,
Data Privacy ,
Diversity ,
Environmental Social & Governance (ESG) ,
Facial Recognition Technology ,
FCC ,
Investment Management ,
PFAS ,
Popular ,
Privacy Laws ,
Robocalling ,
State Attorneys General ,
Telecommunications ,
Textiles ,
The Clayton Act ,
Trump Administration
The year 2024 remained a busy one for state attorneys general (State AGs) and 2025 promises to be even busier. To assist in-house counsel, compliance professionals, and defense lawyers navigate the 2025 State AG enforcement...more
1/7/2025
/ Antitrust Violations ,
Artificial Intelligence ,
Consumer Protection Laws ,
Cybersecurity ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Emerging Technologies ,
Environmental Policies ,
False Claims Act (FCA) ,
Financial Industry Regulatory Authority (FINRA) ,
Merger Controls ,
Monopolization ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Social Media ,
State Attorneys General ,
Trump Administration ,
Unfair or Deceptive Trade Practices
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
11/1/2024
/ Algorithms ,
Antitrust Division ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Dawn Raids ,
Department of Justice (DOJ) ,
EU ,
Healthcare ,
Italy ,
Mexican Economic Competition Commission (Cofece) ,
Pharmaceutical Industry ,
Philippines ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Singapore ,
Wage-Fixing
Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more
10/22/2024
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Belgian Competition Authority ,
Bid Rigging ,
Cartels ,
Competition ,
Construction Project ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
Healthcare ,
Hedge Funds ,
Mexican Economic Competition Commission (Cofece) ,
No-Poaching ,
Pharmaceutical Industry ,
Philippines ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Sherman Act ,
Software ,
State Attorneys General ,
Wage-Fixing
On October 10, 2024, the U.S. Federal Trade Commission (“FTC”) voted 5-0 to adopt new Hart-Scott-Rodino (“HSR”) rules, which will substantially expand filing requirements for parties when the new rules go into effect. The...more
10/14/2024
/ Acquisitions ,
Antitrust Division ,
Best Practices ,
Department of Justice (DOJ) ,
Fast Track Process ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Lead Supervisory Authority ,
Mergers ,
Private Equity ,
Suppliers
The Biden Administration recently convened the first meeting of its Strike Force on Unfair and Illegal Pricing (Strike Force), an interagency initiative announced in March 2024 to “root out and stop illegal corporate behavior...more
8/22/2024
/ Anti-Competitive ,
Biden Administration ,
Department of Agriculture ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Department of Transportation (DOT) ,
FCC ,
Federal Trade Commission (FTC) ,
Healthcare Fraud ,
Nursing Homes ,
Popular ,
Private Equity ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
Unfair Pricing
At the mid-year point, 2024 is shaping up to be an eventful year in cartel enforcement. In the United States, the U.S. Department of Justice (DOJ)’s Antitrust Division (Division) enjoyed two significant victories and finally...more
7/19/2024
/ Algorithms ,
Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Bid Rigging ,
Canada ,
Canadian Competition Act ,
Cartels ,
Criminal Investigations ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Court of Justice (ECJ) ,
FBI ,
France ,
Healthcare ,
Japan Fair Trade Commission (JFTC) ,
Mexican Economic Competition Commission (Cofece) ,
Monopolization ,
Pharmaceutical Industry ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Rental Property ,
UK
On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more
6/5/2024
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Pricing ,
Public Comment ,
Request For Information ,
Suppliers ,
The Clayton Act
On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more
5/2/2024
/ Competition ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Nonprofits ,
Restrictive Covenants ,
Selling a Business ,
Unfair Competition
On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more
As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more
4/4/2024
/ Antitrust Division ,
Antitrust Violations ,
Artificial Intelligence ,
Bid Rigging ,
Cartels ,
Corporate Counsel ,
Data Preservation ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
Fédération Internationale de Football Association (FIFA) ,
Merger Controls ,
Mexican Economic Competition Commission (Cofece) ,
Non-Compete Agreements ,
Popular ,
Price-Fixing ,
Pricing ,
Software ,
UK ,
UK Competition and Markets Authority (CMA)
As part of its whole-of-government effort to enforce the antitrust laws, the Biden administration recently launched a new interagency Strike Force on Unfair and Illegal Pricing (Strike Force), which will be co-chaired by the...more
On January 26, 2024, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (the “Division”) announced that both agencies are updating language in critical documents for civil and criminal...more
On January 22, 2024, the Federal Trade Commission (FTC) published new, higher notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”). The HSR Act requires the FTC to adjust the...more
The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more
1/11/2024
/ Agricultural Sector ,
Algorithms ,
Artificial Intelligence ,
Audio Recording ,
Bid Rigging ,
Cartels ,
Competition ,
Corporate Counsel ,
Criminal Antitrust Litigation ,
Dawn Raids ,
Department of Justice (DOJ) ,
European Commission ,
Healthcare ,
Italy ,
Korea ,
No-Poaching ,
Per Se Rule ,
Popular ,
Poultry ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Self-Reporting ,
Sherman Act ,
Turkey ,
UK Competition and Markets Authority (CMA) ,
Wiretapping
The year 2023 was a busy one for regulatory, compliance, and enforcement developments in the healthcare and life sciences industries, and 2024 promises to be even busier. We tapped MoFo’s Life Sciences + Healthcare Compliance...more
1/10/2024
/ Anti-Kickback Statute ,
Antitrust Violations ,
Artificial Intelligence ,
CDRH ,
Cyber Attacks ,
Cybersecurity ,
Data Security ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Actions ,
False Claims Act (FCA) ,
Food and Drug Administration (FDA) ,
Foreign Corrupt Practices Act (FCPA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Fraud ,
Life Sciences ,
Medical Devices ,
OPDP ,
Popular ,
Ransomware ,
Securities and Exchange Commission (SEC)
On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new...more
The third quarter of 2023 was eventful for both domestic and international cartel enforcers.
In the United States, the Department of Justice (DOJ) continues to revamp policies to sharpen its enforcement efforts. On...more
10/27/2023
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Bid Rigging ,
Cartels ,
Collusion ,
Corporate Misconduct ,
Dawn Raids ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Federal Trade Commission (FTC) ,
Fédération Internationale de Football Association (FIFA) ,
Fraud ,
Japan Fair Trade Commission (JFTC) ,
Memorandum of Understanding ,
Mexican Economic Competition Commission (Cofece) ,
Military Contracts ,
Procurement Collusion Strike Force ,
Safe Harbors ,
Self-Reporting ,
Sherman Act ,
World Cup
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more
7/28/2023
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Market Manipulation ,
Market-Sharing ,
Merger Controls ,
Mergers ,
Minority Shareholders ,
Vertical Mergers
At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
7/12/2023
/ Abuse of Dominance ,
Antitrust Provisions ,
Bid Rigging ,
Cartels ,
Collusion ,
Competition ,
Dawn Raids ,
Department of Justice (DOJ) ,
EU ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Instant Messaging Apps ,
Japan Fair Trade Commission (JFTC) ,
Labor Law Violations ,
Military Contracts ,
No-Poaching ,
Olympics ,
Policy Statement ,
Popular ,
Price-Fixing ,
Procurement Collusion Strike Force ,
Red Bull ,
Wage-Fixing ,
Whistleblowers