News & Analysis as of

Competition Department of Justice (DOJ) Antitrust Violations

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

Vinson & Elkins LLP on

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

McCarter & English, LLP

Antitrust Implications for Companies Facing Tariffs

If all of the Trump administration’s proposed tariffs take effect, the impact of those tariffs on the US economy and the American people will likely be debated for years to come. Regardless of the outcome of that debate,...more

Holland & Knight LLP

Google Search: Data Sharing as a Risk or Remedy?

Holland & Knight LLP on

Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Foley & Lardner LLP

Pricing Under Pressure: Prepare for Enhanced Antitrust Scrutiny amid Tariff Uncertainty

Foley & Lardner LLP on

In an era of increased tariff pressures, U.S. antitrust enforcers have signaled that they remain vigilant for attempts by businesses to exploit the situation through anticompetitive conduct, especially in sectors already...more

The Volkov Law Group

DOJ Adopts Aggressive Stance Against Algorithmic Coordination in Multiplan Antitrust Filing

The Volkov Law Group on

Recently, the Antitrust Division of the United States Department of Justice submitted a Statement of Interest in In re: Multiplan Health Insurance Provider Litigation, a class action presently pending before the United States...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2025 Spring Meeting

Antitrust experts from across the globe convened in Washington, D.C. on April 2–4, 2025 to discuss new enforcement policies and share updates on current issues in antitrust. We provide the key highlights from numerous panels...more

DLA Piper

Juntos - Março de 2025

DLA Piper on

Agência antitruste inicia ação contra prestadores de serviços de saúde. A autoridade antitruste da Argentina, a Comissão Nacional de Defesa da Concorrência (Comisión Nacional de Defensa de la Competencia, CNDC), iniciou uma...more

DLA Piper

Juntos - Marzo 2025

DLA Piper on

Agencia antimonopolio toma acción contra proveedores de servicios médicos. El organismo antimonopolio de Argentina, la Comisión Nacional de Defensa de la Competencia (CNDC), está investigando a varias organizaciones de la...more

DLA Piper

Juntos - March 2025

DLA Piper on

Antitrust agency brings action against health service providers. Argentina’s antitrust enforcer, the National Commission for Competition Defense (CNDC), has opened an investigation of several health services organizations...more

Akin Gump Strauss Hauer & Feld LLP

Transparency In Merger Enforcement: Taking Stock of the Deals That Didn't Bark

More than 82% of merger enforcement actions announced by the U.S. antitrust agencies in 2024 involved a litigated challenge (complaint) or the deal being abandoned. But only 17 enforcement actions were reported in total—well...more

A&O Shearman

Global immunity and leniency activity sees little uptick in 2024

A&O Shearman on

Overall, the number of immunity/leniency cases decided in 2024 (21) was broadly in line with 2023 (19) and 2022 (18). While certain antitrust authorities anecdotally continue to highlight the impact of leniency programs on...more

A&O Shearman

Global cartel fines see dramatic drop

A&O Shearman on

Overall, global fines for cartel activity in 2024 (USD602.5 million) were the lowest recorded for several years, and significantly lower than the 2023 total (USD1.9billion). Unlike in previous years, 2024 saw relatively few...more

McGuireWoods LLP

Trump’s DOJ Antitrust Head Gets to Work

McGuireWoods LLP on

On March 11, 2025, the U.S. Senate confirmed Gail Slater to lead the U.S. Department of Justice’s Antitrust Division. Slater received bipartisan support in her confirmation....more

Troutman Pepper Locke

Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

Troutman Pepper Locke on

On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors...more

Mogin Law LLP

Musk Says Advertisers Abandoned X via Illegal Boycott

Mogin Law LLP on

Advertisers began pulling their ads from the microblogging site, then called Twitter, shortly after Elon Musk took the company over in October 2022. Within a month at least six major companies had stopped advertising on the...more

A&O Shearman

Antitrust authorities on high alert for merger control violations

A&O Shearman on

Sanctions for procedural merger control infringements in 2024 did not meet the lofty heights of previous years. But merging parties should not be complacent. The number of infringement decisions increased. The U.S. and China...more

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2025 Edition: Predictions for Cartel Enforcement Under Trump 2.0

In many ways, criminal antitrust enforcement during President Trump’s first term illustrates what to expect under Trump 2.0. Among other highlights, the Delrahim DOJ obtained indictments and pleas involving public procurement...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

Hogan Lovells

Spring into 2025: Key Trends in Global Cartel Enforcement

Hogan Lovells on

Despite geopolitical uncertainty and regime changes, global cartel enforcement has remained relatively steady over the last few years. That is not to say, however, that cartel investigations and private cartel enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Trump 2.0 Antitrust Policy Is Likely To Be More Predictable but Not Lax

Key Points - Strong antitrust enforcement is expected to continue, but without the use of the novel and untested legal theories that defined the Biden administration approach. - Regulators are likely to continue to focus...more

Cooley LLP

Antitrust Scrutiny of Private Equity: On the Horizon or in the Rearview Mirror?

Cooley LLP on

What the final days of the Biden administration portend for private equity enforcement in Trump 2.0 - During the final days of the Biden administration, the Antitrust Division of the Department of Justice (DOJ) and the...more

Husch Blackwell LLP

What We're Watching: State Attorneys General Offices in 2025

Husch Blackwell LLP on

As the Oval Office and Congress flip to Republican control, we expect more state AG-led efforts to impact public policy. Shortly after the New Year, we gathered together attorneys from our State Attorneys General team to...more

Cohen & Gresser LLP

Mandatory vs. Suggested Pricing: Algorithmic Price Setting and the Sherman Act

Cohen & Gresser LLP on

In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

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