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FTC Issues RFI on Anti-Competitive Regulations

On April 14, 2025, following President Trump’s recently issued executive order addressing regulatory barriers to competition, the Federal Trade Commission (FTC) issued a Request for Public Comment Regarding Reducing...more

Opposition to Renewed COPA Application in Indiana Reveals FTC Leadership’s Views on Hospital Merger Enforcement

The Federal Trade Commission (FTC) recently submitted comments in opposition to a renewed application for a certificate of public advantage (COPA) that would, if granted, allow two hospitals in Indiana to merge despite...more

Trump Fires Two Commissioners and Solidifies Control Over FTC

On March 18, 2025, President Donald Trump removed the two remaining Democrats serving on the Federal Trade Commission (FTC), Rebecca Slaughter and Alvaro Bedoya....more

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 HSR Premerger Notification Requirements Take Effect

The new Hart-Scott-Rodino (HSR) Premerger Notification and Report Form (the “Form”) went into effect on February 10, 2025....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

Revisions to HSR Form Released

On October 7, 2024, the Federal Trade Commission (FTC), with the concurrence of the U.S. Department of Justice (DOJ), released its long-awaited final rule related to the revision of the Hart-Scott-Rodino (HSR) premerger...more

FTC Withdraws from Interagency Memorandum of Understanding

The Federal Trade Commission (FTC) announced its withdrawal from a Memorandum of Understanding (MOU) with the U.S. Department of Justice, the U.S. Department of Labor, and the National Labor Relations Board that called for...more

OCR Withdraws Appeal of District Court Order Declaring Unlawful and Vacating the “Proscribed Combination” Portion of Its HIPAA...

On March 18, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued updated guidance regarding the use of online tracking technologies by entities and business associates subject to...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

FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations...more

Interagency Strike Force on Unfair and Illegal Pricing Holds First Public Meeting

The White House announced the establishment of the Strike Force on Unfair and Illegal Pricing (“Strike Force”) earlier this year to enhance interagency cooperation and combat high prices. The U.S. Department of Justice (DOJ)...more

FTC Releases Controversial Interim Staff Report on PBMs’ Purported Impact on Drug Prices

At an Open Commission Meeting on August 1, 2024, the Federal Trade Commission (FTC) presented a report prepared by its staff entitled Pharmacy Benefit Managers: The Powerful Middlemen Inflating Drug Costs and Squeezing Main...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

Newly Appointed Commissioner Holyoak Criticizes FTC’s Direction and Policy

In prepared remarks for the Competitive Enterprise Institute’s Annual Summit delivered on May 31, 2024, Melissa Holyoak, a newly appointed Commissioner of the Federal Trade Commission (“FTC” or “Commission”), acknowledged the...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

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