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Competition Antitrust Provisions The Clayton Act

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

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

Proskauer - Health Care Law Brief

Public Portal to Promote Healthy Competition

Past long-standing chair of Proskauer’s Health Care Department, Ed Kornreich is a recognized authority on the legal, regulatory and business issues related to health care… Past long-standing chair of Proskauer’s Health Care...more

Bradley Arant Boult Cummings LLP

Biden Administration Enlists Public in Effort to Identify Potential Antitrust Violations in Healthcare Sector

The Federal Trade Commission (FTC), Department of Justice (DOJ) and Department of Health and Human Services (HHS) recently announced the launch of “an easily accessible online portal for the public to report health care...more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

Patterson Belknap Webb & Tyler LLP

Merger Guidelines Provide Insight on DOJ and FTC Enforcement Priorities for 2024

On December 18, 2023, The Federal Trade Commission and Antitrust Division of the Department of Justice concluded a nearly two-year process of updating both the horizontal and vertical merger guidelines with the release of the...more

Ballard Spahr LLP

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

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Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Manatt, Phelps & Phillips, LLP

Federal Antitrust Enforcement in Health Care: 2023 Year in Review – Part 2

Editor’s Note: This article is the second in our three-part series, Federal Antitrust Enforcement in Health Care: 2023 Year in Review.  (Click here to read part 1.) The series is based on our recent webinar, 2023 Health Care...more

Troutman Pepper

FTC Updates HSR and Clayton Act Thresholds; Increases Civil Penalties for Violations

Troutman Pepper on

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed...more

Nelson Mullins Riley & Scarborough LLP

Becoming Antitrust Aware in 2024: Top Five Recommendations for the New Year

A new year means resolutions which are often centered around self-improvement measures like weight loss, exercise plans, and other health improvement measures. Companies can also benefit from resolutions. Increasing antitrust...more

Oliva Gibbs LLP

Flying Under the Federal Radar: Deals Under the HSR Filing Threshold Provide Scrutiny-Free Opportunities for Operators

Oliva Gibbs LLP on

Oil and Gas Mergers and Acquistions: A $100 Billion Shift - As happens periodically, consolidation mania has once again seized the oilpatch.  There have been multiple oil and gas acquisitions totaling over $100 billion by...more

Axinn, Veltrop & Harkrider LLP

PE Firms on FTC and DOJ's Naughty List?

The FTC and DOJ have continued their efforts to take action against private equity firms for engaging in serial acquisitions (so-called "roll-ups"). The agencies claim that these deals increase prices and degrade quality for...more

Adler Pollock & Sheehan P.C.

The Most Unlikely of Mergers May Still Have an Upslope Legal Battle

Details of the Merger - Golf fans and professional golfers alike were shocked by the news in early June that the PGA Tour (“PGA”) would be merging with the newly founded LIV Golf League (“LIV”) after disparaging each other...more

Patterson Belknap Webb & Tyler LLP

DOJ Loses Again on Challenge to U.S. Sugar-Imperial Sugar Deal

On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”), rejecting the Department...more

Goodwin

US Antitrust Regulators Continue to Crack Down on Interlocking Directorates, and the FTC Expands Scope of Clayton Act to...

Goodwin on

On August 16, 2023, the Federal Trade Commission (FTC) announced an agreement with natural gas producer EQT Corporation (EQT) and private equity firm Quantum Energy Partners (Quantum) to resolve concerns stemming from alleged...more

Cozen O'Connor

FTC Obtains Structural Relief to Protect Competition in Natural Gas Market

Cozen O'Connor on

The FTC has agreed to a consent order to resolve antitrust concerns surrounding a proposed $5.2 billion cash-and-stock deal that would make private equity firm Quantum Energy Partners one of the largest shareholders of...more

Holland & Knight LLP

Revised Merger Guidelines Would Expand Reviews and Limit Combinations

Holland & Knight LLP on

The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) on July 19, 2023, jointly announced the release of proposed Merger Guidelines that would expand significantly the number and types of transactions...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

Holland & Knight LLP on

The Federal Trade Commission (FTC) has been active in challenging hospital combinations. In June 2022, the FTC filed complaints to block two hospital transactions. Within weeks of the FTC's actions, both transactions were...more

Faegre Drinker Biddle & Reath LLP

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

Mintz - Antitrust Viewpoints

Unanimous Federal Trade Commission Orders Illumina, Inc. to Divest GRAIL, Inc.

The Federal Trade Commission (“FTC”) announced Monday that it had reversed its in-house Administrative Law Judge’s (“ALJ”) Initial Decision dismissing a complaint brought by FTC staff against Illumina, Inc.’s acquisition of...more

Troutman Pepper

Fore! Professional Golf Investigation is Driver of New Antitrust Theories

Troutman Pepper on

As a sport, golf has rarely, if ever, been described as "cutting edge." But in the courtroom, golf may be at the forefront of the latest antitrust developments. In the coming months, the legal war unfolding in professional...more

Saul Ewing LLP

Antitrust and the Interlocking Directorate Rules: What They Are and What To Do About Them

Saul Ewing LLP on

BACKGROUND: The Rule - What It Means and What It Prohibits - A somewhat little-known and obscure provision of U.S. antitrust law – Section 8 of the Clayton Act – makes it illegal in certain circumstances for the same person...more

Holland & Knight LLP

Private Equity Under the Microscope: Taking Stock of the Antitrust Enforcement Environment

Holland & Knight LLP on

The Biden Administration's aggressive antitrust enforcers have trained their sights on private equity companies. They have signaled through enforcement activities, formal policy statements and informal interviews and speeches...more

A&O Shearman

FTC targets unfair methods of competition in policy statement

A&O Shearman on

Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more

McGuireWoods LLP

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

McGuireWoods LLP on

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

Ballard Spahr LLP on

Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

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