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Competition Department of Justice (DOJ) Biden Administration

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...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

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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

BakerHostetler

Administration Launches Antitrust-Focused Strike Force

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On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Wilson Sonsini Goodrich & Rosati

FTC, DOJ, and HHS Announce Joint Initiative to Intensify Scrutiny of Private Equity M&A Activity in Healthcare as Part of Broader...

On March 5, 2024, the Department of Justice’s (DOJ’s) Antitrust Division, the Federal Trade Commission (FTC), and the Department of Health and Human Services (HHS) jointly issued a Request for Information (RFI) to solicit...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Opens Inquiry Into AI Partnerships, Signaling Intensified Focus on Emerging Tech

On January 25, 2024, the Federal Trade Commission (FTC) launched an inquiry scrutinizing the investments and partnerships of Alphabet, Microsoft and Amazon relating to growing artificial intelligence startups Open AI and...more

Proskauer Rose LLP

DOJ and FTC Release New Merger Guidelines

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...more

Society of Corporate Compliance and Ethics...

Adapting to change: Compliance in the era of heightened antitrust enforcement

Under the Biden administration, antitrust enforcement in the U.S. has risen to a level not seen in at least 40 years. The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) are now opening more...more

Mintz - Antitrust Viewpoints

New Merger Enforcement Toolkit: FTC and DOJ Release Final 2023 Merger Guidelines

On December 18, 2023, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) (collectively, the “Agencies”) published the long-awaited final 2023 Merger Guidelines. The 2023 Merger Guidelines are informed...more

A&O Shearman

Laying a New Foundation – New FTC and DOJ Merger Guidelines Seek to Advance Biden Administration’s Aggressive Enforcement Vision

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In the nearly three years since President Biden took office, it has become clear that his Administration has sought to develop an “inflection point” for antitrust enforcement. Speeches by new leadership at both the U.S....more

Epstein Becker & Green

President Seeks More Antitrust Scrutiny of Health Care Transactions

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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

Foley & Lardner LLP

Biden Administration Announces New Efforts to Promote Competition in Health Care

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On December 7, 2023, the Biden Administration announced several new initiatives intended to “promote competition” in the health care sector. These initiatives reflect a broad range of concerns about rising costs in health...more

BakerHostetler

Decoding the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

BakerHostetler on

On Oct. 30, the Biden administration took a decisive step into the future by issuing the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence....more

Skadden, Arps, Slate, Meagher & Flom LLP

Key Insights for Dealmakers Confronting Washington’s Aggressive Approach to Merger Reviews

As part of the Biden administration’s avowedly aggressive approach to antitrust enforcement, it has challenged a number of high-profile mergers in court over the past two and a half years. While the track record of the...more

Hogan Lovells

Competition considerations featured in President Biden’s Executive Order on Artificial Intelligence

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On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. The Order, which recognizes AI’s extraordinary potential but also the...more

Hogan Lovells

Two years later: A survey of President Biden’s Executive Order on promoting competition in the American economy

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It has been two years since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlined a “whole-of-government” approach to...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

Proskauer Rose LLP

Promises Kept – U.S. DOJ and FTC Release Long-Anticipated Revised Merger Guidelines

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On the heels of the historic proposed changes to the Hart‑Scott‑Rodino (“HSR”) merger review process, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission released the 2023 Draft Merger...more

A&O Shearman

Field of Dreams: FTC and DOJ Seek to Build a New Playing Field for Challenging Mergers

A&O Shearman on

Proposed FTC and DOJ Merger Guidelines Formalize Biden Administration’s Aggressive Vision for Merger Enforcement – Top Ten Takeaways - When losing, some players seek to change the rules. Others seek to change the playing...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

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On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Hicks Johnson

What Companies Should Know About the Biden Administration’s Antitrust Enforcement Campaign

Hicks Johnson on

On July 9, 2021, President Joe Biden signed an executive order[1] calling for stronger enforcement of antitrust laws to promote competition and curtail the consolidation of American industries. The expansive order included 72...more

Sheppard Mullin Richter & Hampton LLP

Restrictive Covenants in Real Estate: Next Antitrust Enforcement Target?

The Federal Trade Commission (the “FTC”) and Department of Justice, Antitrust Division (the “DOJ”) (together the “Agencies”) continue to carry out the Biden Administration’s stated mission to reinvigorate antitrust...more

Holland & Knight LLP

Another One Bites the Dust: DOJ Pulls 3 Policy Statements, Leaving Trade Associations Guessing

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During the course of the Biden Administration, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) have demonstrated an invigorated and sustained policy interest in increasing competition across various...more

Holland & Knight LLP

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

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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

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