News & Analysis as of

Antitrust Division Competition

Akin Gump Strauss Hauer & Feld LLP

FTC Updates HSR Filing Fees and Revises Thresholds for 2025; Minimum Size for Reportable Transactions Increases to $126.4 Million

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act) requires all parties to transactions that meet certain transaction size and other tests to file premerger notification forms for mergers and other...more

Vinson & Elkins LLP

2025 Annual Updates to the United States Pre-Merger Notification (HSR Act) and Interlocking Directorates Thresholds

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The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the...more

Paul Hastings LLP

FTC Announces Increased HSR Thresholds and Filing Fees for 2025

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As expected, the mandatory notification thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the HSR Act), will be increasing. The Size of Transaction threshold will jump from $119.5 million,...more

Holland & Knight LLP

Antitrust Under Trump 2.0: No More "Hipster Antitrust," But Scrutiny Will Remain

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With President Joe Biden's departure, aggressive antitrust enforcers at the U.S. Department of Justice's (DOJ) Antitrust Division and the Federal Trade Commission (FTC) will hand over the reins to incoming Trump...more

Hogan Lovells

Antitrust Year in Review and a Look Ahead to 2025

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There were a number of significant developments in antitrust law in 2024, including some major wins for the government in merger enforcement, increased focus on competition concerns related to algorithmic pricing, and...more

ArentFox Schiff

Back to the Antitrust Basics: FTC and DOJ Call for Case-by-Case Enforcement With the Withdrawal of Longstanding Competitor...

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With the US Department of Justice (DOJ) and Federal Trade Commission (FTC) withdrawing yet another set of antitrust compliance guidelines last month, companies that collaborate with their competitors — whether directly or...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Division Updates Its Corporate Compliance Guidance for Criminal Investigations

The U.S. Department of Justice’s Antitrust Division recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (Compliance Guidance). This latest iteration of the guidance largely...more

Perkins Coie

Insight Into the Upcoming Trump Administration’s Antitrust Policy

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With the nomination of Commissioner Andrew Ferguson as chair of the Federal Trade Commission (FTC or Commission) and Gail Slater to helm the U.S. Department of Justice’s (DOJ) Antitrust Division, the second Trump...more

Morrison & Foerster LLP

M&A in 2024 and Trends for 2025

Global M&A in 2024 faced geopolitical issues, elevated interest rates, and inflationary pressures, with expanding antitrust, foreign investment, national security, and export regimes adding complexity. But inflation receded...more

King & Spalding

Record “Gun Jumping” Penalty Imposed by FTC

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Oil companies ordered to pay $5.6 million for exerting beneficial control before the expiration of the mandatory HSR waiting period. On January 7, 2025, the Federal Trade Commission (“FTC”) filed and resolved a merger...more

Troutman Pepper Locke

FTC Secures Record Gun-Jumping Settlement in Energy Transaction

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The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more

Vinson & Elkins LLP

Trump Administration 2.0 – Tech Transactions Update

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The incoming Trump administration is expected to make several policy changes likely to impact tech transactions. President-elect Donald Trump has promised to reduce regulation and cut federal bureaucracy, which he says have...more

Vinson & Elkins LLP

Trump Likely to Shift FTC's Antitrust Stance on Energy Mergers

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The incoming Trump administration suggests a potential return to more traditional levels of antitrust enforcement for energy industry mergers and a departure from novel theories of harm seen under current Federal Trade...more

A&O Shearman

FTC resuscitates long-abandoned price discrimination law in alcohol distributor suit

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In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more

A&O Shearman

New York Federal Court Denies Defendants’ Motions To Dismiss Sports Streaming Antitrust Suit

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Plaintiff, a U.S.-based streaming service that focuses primarily on delivering live sports streaming, filed the lawsuit in February 2024 to challenge a new sports-only streaming joint venture, Venu, established by Disney,...more

McDermott Will & Emery

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

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On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more

Stinson LLP

FTC and DOJ Withdraw More Guidance Leaving the State of Collaborative Projects Less Clear

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On Dec. 11, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice's (DOJ) Antitrust Division announced the withdrawal of their decades-old guidelines regarding collaboration among competitors. The...more

BCLP

Never Bad-Mouth Synergy: FTC and DOJ Withdraw Antitrust Guidelines for Collaborations Among Competitors

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On December 11, 2024, the Federal Trade Commission and the Antitrust Division of the Department of Justice unexpectedly withdrew the 2000 Antitrust Guidelines for Collaborations Among Competitors (Collaboration Guidelines)....more

Morrison & Foerster LLP

Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

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Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

Faegre Drinker Biddle & Reath LLP

Joint Ventures, Industry Groups, Trade Associations and Other Business Collaborations Face Increased Legal Uncertainty as...

On December 11, 2024, the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division (DOJ) jointly announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors...more

Morgan Lewis

FTC and DOJ Withdraw Guidelines for Collaboration Among Competitors

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The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ’s) Antitrust Division have announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors (the Collaboration Guidelines). While...more

Perkins Coie

FTC’s Last Attempt To Revitalize the RPA?

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On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits (Southern)—the largest wholesale distributor of wine and spirits in the country—in the U.S. District Court for the Central...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC Withdraw Antitrust Guidelines for Competitor Collaborations

For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more

Vinson & Elkins LLP

FTC and DOJ Withdraw Longstanding Competitor Collaborations Guidance

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On December 11, 2024, the Federal Trade Commission (“FTC”) and Department of Justice Antitrust Division (“DOJ”) jointly issued a statement withdrawing their Antitrust Guidelines for Collaborations Among Competitors. The...more

Stoel Rives LLP

DOJ Antitrust Division’s Updated Guidance on Evaluating Corporate Compliance Programs

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The U.S. Department of Justice Antitrust Division recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (the “Guidance”). This Guidance updates the 2019 guidance to federal...more

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