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Competition Federal Trade Commission (FTC) Antitrust Violations

DLA Piper

Juntos - September 2024

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Welcome to Juntos, our bulletin that explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024....more

Goodwin

Google is an Illegal Monopoly, Federal Court Rules

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Following a nine-week bench trial starting in September 2023 and closing arguments in May 2024, District of Columbia district court judge Amit Mehta ruled on August 5, 2024, that Google illegally maintained its monopoly in...more

Troutman Pepper

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

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A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Wilson Sonsini Goodrich & Rosati

Private Equity Escapes on Motion to Dismiss but FTC Suit Against U.S. Anesthesia Partners Will Continue

The Federal Trade Commission’s suit alleging U.S. Anesthesia Partners (USAP) and Welsh Carson, a private equity fund that owns 23 percent of USAP and controls two of 14 board seats, engaged in an anticompetitive scheme to...more

Goodwin

District Court Grants Welsh Carson’s Motion to Dismiss in FTC’s “Roll-Up” Monopolization Case; Case Against U.S. Anesthesia...

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The FTC’s enforcement efforts against private equity hit a significant roadblock on May 13 when a federal judge granted Welsh, Carson, Anderson & Stowe’s (Welsh Carson) motion to dismiss the agency’s complaint against the...more

MoginRubin LLP

Algorithmic Price-Setting by Multiple Competitors is a U.S. Antitrust Enforcement Priority

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For the third time in as many months, the U.S. federal antitrust enforcement authorities -- the Federal Trade Commission and the Antitrust Division of the Department of Justice -- have filed a statement of interest in an...more

WilmerHale

FTC and DOJ Target Healthcare and Life Sciences Industries - Urgent Care: Current Antitrust Enforcement Trends in the Healthcare...

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The healthcare industry remains a focal point of President Biden’s antitrust agenda. The president’s July 2021 Executive Order on Promoting Competition in the American Economy called on federal agencies to focus antitrust...more

Wilson Sonsini Goodrich & Rosati

2023 Antitrust Year in Review

Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report...more

Wilson Sonsini Goodrich & Rosati

DOJ and FTC “Signal” That Companies Cannot “Slack” on Preserving Ephemeral Messages

On January 26, 2024, the U.S. Department of Justice’s (DOJ’s) Antitrust Division and the Federal Trade Commission (FTC) released a joint statement reinforcing document preservation obligations for companies and individuals...more

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Morgan Lewis

DOJ Emphasizes Importance of Antitrust Compliance Programs for HR Professionals

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The US Department of Justice’s Antitrust Division recently stated that antitrust compliance programs must include training for human resources professionals on issues such as wage-fixing and no-poach agreements in order to be...more

Mayer Brown

Interoperability a Key Concern for Competition Authorities Around the Globe

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The US Federal Trade Commission wound down 2023 by emphasizing its focus on the potential competition and consumer protection effects of companies’ efforts to limit the interoperability of their products and services. In late...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

BakerHostetler

Voluntary Dismissal as DOJ Contemplates Future of Criminal No-Poach Cases

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As we previously wrote, the Department of Justice’s (DOJ) April 2023 loss in United States v. Patel, its fourth in a criminal no-poach case, cast a pall over the agency’s enforcement efforts. The following month, the DOJ...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Cozen O'Connor

FTC Obtains Structural Relief to Protect Competition in Natural Gas Market

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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

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q2 2023

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Agencies drastically revise Merger Guidelines and HSR process while withdrawing long-established antitrust healthcare guidance - The Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ,...more

Lowenstein Sandler LLP

The Antitrust Agencies’ New Roadmap for How They Will Analyze M&A Deals

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On July 19, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) released the long-anticipated updated draft Merger Guidelines1 (the Guidelines) for a...more

Locke Lord LLP

Antitrust and Artificial Intelligence: ‎The FTC Identifies Competition Concerns in Generative AI ‎Markets

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On June 29, 2023, the Federal Trade Commission’s Bureau of Competition and Office of Technology published a blog identifying key segments in the artificial intelligence (AI) space where competition concerns may arise. For...more

Greenberg Glusker LLP

From Enemies to Partners: LIV Golf and PGA Tour Resolve Antitrust Lawsuit Through Merger

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The recent surprise announcement that LIV Golf and the PGA Tour had agreed to settle their hotly contested antitrust lawsuit came as a shock to many, including the golfers who play on the tours.  Since the announcement, much...more

Holland & Knight LLP

Antitrust Considerations for Healthcare Joint Ventures

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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

Kerr Russell

Why the Antitrust Laws Are Important in Dentistry

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The various antitrust laws can seem unfair, complicated, and many times irrelevant to the practice of dentistry. However, these laws do apply. The U.S. Justice Department (“DOJ”) and the Federal Trade Commission (“FTC”)...more

Manatt, Phelps & Phillips, LLP

[Webinar] A Shifting Approach to Health Care Antitrust: A New Lens for Viewing Transactions & Competition - March 22nd, 1:00 pm -...

Since President Biden’s Executive Order in 2021 setting priorities for enforcing antitrust law, the Federal Trade Commission (FTC) and Department of Justice (DOJ) Antitrust Division have taken bold action to transform the...more

Perkins Coie

DOJ Withdraws Healthcare Antitrust Policy Statements

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The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

Morgan Lewis

New Legislation Dramatically Increases Funding to US Antitrust Agencies Over Five Years, Ensuring Aggressive Enforcement

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In what appears to have been in part a trade for tabling new antitrust legislation, at least for now, the Biden administration dramatically increased funding for the Federal Trade Commission and the Antitrust Division of the...more

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