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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

FTC Warns Against Contract Provisions It Believes Could Impede Its Investigations

The Federal Trade Commission’s (FTC’s) Bureau of Competition (the “Bureau”) recently issued a statement identifying concerns with commonly used contractual provisions....more

FTC’s Fight with House Judiciary Committee Goes Public

The House Judiciary Committee, chaired by Representative Jim Jordan (R-OH), recently held a hearing entitled “Oversight of the Federal Trade Commission [(FTC)].” The stated purpose of the hearing was to examine, in the words...more

Additional Withdrawals of Long-Standing Guidance and Newly Proposed Merger Guidelines

On July 14, 2023, signaling a continuing shift in its position on antitrust issues, the Federal Trade Commission (FTC) followed the U.S. Department of Justice (DOJ) and withdrew the Statements of Antitrust Enforcement Policy...more

Potential Hart-Scott-Rodino Changes on the Horizon

For the first time in 45 years, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are pursuing an overhaul of the Hart-Scott-Rodino (HSR) filing rules....more

FTC Says State Oversight Cannot Effectively Displace Competition Among Health Care Providers

In two recently issued statements, the Federal Trade Commission (FTC) reiterated its long-held view that states are not in a position to effectively displace competition with regulatory oversight....more

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”)....more

FTC Makes Case for Increased Enforcement

The Federal Trade Commission (FTC) recently provided testimony to the House Committee on Appropriations, Subcommittee on Financial Services and General Government concerning its fiscal year (FY) 2024 budget request....more

Supreme Court Determines That Constitutionality of FTC’s Administrative Review Process Can Be Challenged in Federal District Court

The Federal Trade Commission (FTC) has the distinct advantage of being able to bring enforcement actions before its own administrative tribunals....more

New HSR Filing Fee Tier System in Effect

On February 27, 2023, the new Hart-Scott-Rodino (HSR) filing thresholds took effect. The size-of-transaction threshold changed from $101 million to $111.4 million, as the values are adjusted annually based on the change in...more

Second Annual Spring Enforcers Summit Kicks Off with Remarks from Jonathan Kanter

Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, kicked off the second annual Spring Enforcers Summit in Washington, DC, on March 27, 2023....more

DOJ’s Antitrust Division Continues Its Pursuit of Overlapping Directorates

On March 9, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that five directors resigned from four separate corporate boards and that another corporation declined to exercise its board...more

Accompanying Statements to Hart-Scott-Rodino Annual Report Exemplify Ongoing Tension at FTC

Federal Trade Commission (FTC) Commissioner Christine Wilson’s February 7, 2023, statement accompanying the Fiscal Year 2021 Hart-Scott-Rodino (HSR) Annual Report chastised the other three Commissioners for requesting more...more

DOJ Withdraws Long-Standing Support for Antitrust Enforcement Policy Statements in Health Care

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements (collectively, the “Statements”) that have served for...more

DOJ Withdraws Long-Standing Health Care Antitrust Enforcement Policy Statements

In a quiet yet shocking announcement on February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) withdrew three major antitrust policy statements that have served for years as mainstays of health care...more

DOJ and HHS Coordinate Enforcement Efforts in Health Care

The Antitrust Division of the U.S. Department of Justice (DOJ) and the Office of Inspector General of the U.S. Department of Health and Human Services (HHS) entered into a Memorandum of Understanding (MOU), effective December...more

DOJ Continues to Emphasize Antitrust Merger Enforcement

The Deputy Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (DOJ), Andrew Forman, recently spoke to the American Bar Association’s Mergers and Acquisitions Committee at the Business Law...more

HHS Warns HIPAA Covered Entities and Business Associates That Use of Website Cookies, Pixels and Other Tracking Technology May...

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session...more

FTC Tries Again to Provide Guidance on Enforcement Under Section 5 of FTC Act

The Federal Trade Commission (FTC) is authorized, pursuant to section 5 of the Federal Trade Commission Act (the “Act”), to address “unfair methods of competition.”...more

Independent Physician Association Enforcement Not Forgotten

On September 30, 2022, the Federal Trade Commission (FTC) obtained civil monetary penalties in the amount of $263,000 from San Juan IPA, Inc. (“San Juan”), an independent physician association operating in northwestern New...more

FTC Commissioner Favors Fairness over Efficiency

On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more

FTC Testimony to Senate—with a Dissent

On September 20, 2022, the Chair of the Federal Trade Commission (FTC) testified before the U.S. Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy, and Consumer Rights on “Oversight of the Enforcement...more

FTC Publishes Its Strategic Plan for Next Five Years

On August 26, 2022, the Federal Trade Commission (FTC) published its “Strategic Plan for Fiscal Years 2022–2026,” as required under the GPRA Modernization Act of 2010....more

FTC Maintains Strong Opposition to COPAs

On August 15, 2022, the Federal Trade Commission (FTC) released the FTC Policy Perspectives and Certificates of Public Advantage staff policy paper, along with a fact sheet....more

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