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
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
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
The Federal Trade Commission’s (FTC’s) recently proposed fiscal year 2025 budget makes clear that enforcement is still a high priority....more
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
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
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
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
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
The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate....more
After nearly two years of combined efforts from the Federal Trade Commission and the Antitrust Division of the Department of Justice, the agencies jointly issued much-anticipated merger guidelines identifying the procedures...more
In recent remarks prepared for delivery to the White House roundtable on pharmacy benefit managers (PBMs), Federal Trade Commission (FTC) Chair Lina Khan made clear that the FTC’s investigation into PBM practices continues....more
The Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care” on March 5, 2024....more
Parties to transactions that are reportable under the Hart-Scott-Rodino Antitrust Improvements (HSR) Act must observe a mandatory pre-close waiting period—30 days for most transactions—after reporting the transaction to the...more
On January 22, 2024, the Federal Trade Commission (FTC) approved revised thresholds and filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR)....more
On December 18, 2023, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued a significantly revised version of the Merger Guidelines that describes the frameworks the enforcement agencies...more
On December 7, 2023, the Biden-Harris administration announced new initiatives it believes will “lower health care and prescription drug costs by promoting competition.”...more
The public comment period for the 2023 draft updates to the Merger Guidelines (“Draft Guidelines”) issued by the Federal Trade Commission and U.S. Department of Justice has closed, and it is possible to review the 1,600...more
Federal Trade Commission (FTC) Chairwoman Lina Khan defended the agency’s merger enforcement record while responding to an inquiry from a member of Congress in a November 3, 2023, letter....more
From wholesale revisions of the merger guidelines to significant amendments to the Hart-Scott-Rodino premerger notification forms, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) have proposed...more
The Federal Trade Commission (FTC) is supposed to have five Commissioners appointed by the president with the advice and consent of the Senate....more
In late September, the Federal Trade Commission (FTC) and the U.S. Department of Labor (DOL) announced a Memorandum of Understanding (MOU). In the MOU, the two agencies expressed their “good-faith intentions” to work together...more
The leadership of the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice uniformly describe the mandate of their respective agencies as one of antitrust “enforcement” and not “regulation.”...more
Antitrust concerns about hospital mergers have historically focused on mergers of hospitals that compete for patients in the same local market....more
The Federal Trade Commission’s (FTC’s) Bureau of Competition (the “Bureau”) recently issued a statement identifying concerns with commonly used contractual provisions....more