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Reverse Payment Claims: The Second Circuit Assesses Pleading Standards Under Actavis Despite the prevalence of 'reverse-payment' or 'pay-for-delay' litigation, following the Supreme Court's decision in F.T.C. v Actavis, Inc., 570 [...]

In a rare move, the federal antitrust enforcement agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ), have issued a joint request for [...]

Introduction On June 28, the Supreme Court handed down its decision in Loper Bright Enterprises v. Raimondo, overruling Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. In its 1984 [...]

Last week, a federal judge in North Carolina declined to preliminarily enjoin Novant Health, Inc.'s ('Novant') acquisition of two hospitals from Community Health Systems, Inc. ('CHS'). The FTC filed suit [...]

The identification, investigation and removal of persons who serve as directors or officers of two competing companies (i.e., 'horizontal interlocks') is a significant component of the Biden Administration's antitrust enforcement [...]

The federal antitrust authorities - the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) - are both pursuing aggressive enforcement agendas. In particular, both agencies have [...]

On March 5, 2024, the Department of Justice ('DOJ'), the Federal Trade Commission ('FTC'), and Department of Health and Human Services ('HHS,' together the 'Agencies') announced a cross-government inquiry on [...]

In This Issue1 United States | The Netherlands | Poland | Italy | European Union | Greater China | Japan United States A. Federal Trade Commission (FTC) 1. FTC sues [...]

The Federal Trade Commission (FTC) has announced the following annual adjustments of the Hart-Scott-Rodino (HSR) filing thresholds (15 USC § 18a, Clayton Act § 7A) for stock and asset acquisitions, [...]

The updated filing thresholds and related filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the 'HSR Act') will go into effect on March 6, 2024 and [...]

Editor's Note: The article below 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 [...]

On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as [...]

The Federal Trade Commission ('FTC') announced its annual revision to the thresholds for premerger reporting of proposed acquisitions to the United States antitrust authorities under the Hart-ScottRodino Antitrust Improvements Act [...]

The Federal Trade Commission ('FTC') has announced updated size-of-transaction thresholds for premerger notification (Hart-Scott-Rodino or 'HSR') filings, as well as updates to the HSR filing fees and transaction value categories. [...]

On January 22, 2024, the Federal Trade Commission (FTC) announced revised filing fees and jurisdictional thresholds for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR). The [...]

The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior year economic activity. As is our [...]

On January 22, 2024, the Federal Trade Commission (FTC) announced increases to the jurisdictional thresholds for premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act (HSR Act). The FTC adjusts the [...]

The Federal Trade Commission ('FTC') has increased the dollar jurisdictional thresholds necessary to trigger the reporting requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended ('HSR Act'), and [...]

On Jan. 22, 2024, the Federal Trade Commission (FTC) approved publication of a notice in the Federal Register that (i) revises the premerger notification thresholds for mergers and acquisitions under [...]

1. General 1.1 Please identify the scope of claims that may be brought in your jurisdiction for breach of competition law. The United States has both federal and state competition [...]

Since 1914, Section 8 of the Clayton Act has prohibited the same individual (or, arguably, agents of the same company) from serving as officers of or directors on the boards [...]

As antitrust enforcers have become more active, they have also become more creative with the tools they use to enforce antitrust laws. This includes the Federal Trade Commission's ('FTC's') standalone [...]

Since the beginning of Chair Khan's tenure at the Federal Trade Commission (and in line with President Biden's aim to curb rising health care costs), the current FTC has committed [...]

On September 21, 2023, the Federal Trade Commission (FTC) sued U.S. Anesthesia Partners Inc. (USAP) and Welsh, Carson, Anderson & Stowe XI L.P. (collectively, with other private equity fund defendants, [...]

On November 10, 2022, the Federal Trade Commission ('FTC') issued its long-anticipated Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission [...]

For the first time in 40 years, the Federal Trade Commission ('FTC') has enforced Section 8 of the Clayton Act, which prohibits interlocking directorates. In the same matter, the FTC [...]

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 [...]

On August 16, 2023, the Federal Trade Commission ('the FTC') marked its first enforcement action of the prohibitions on interlocking directorates under Section 8 of the Clayton Act in over [...]

The Federal Trade Commission ('FTC'), the Department of Justice Antitrust Division ('DOJ'), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC [...]

For the first time in 40 years, the Federal Trade Commission (FTC) has taken action to enforce Section 8 of the Clayton Act, which prohibits so-called interlocking directorates. In the [...]

Highlights Within the current antitrust enforcement climate, healthcare providers are trying to achieve the procompetitive benefits of traditional mergers or other combinations, all while managing the antitrust risks associated with [...]

Private equity firms and fund managers continue to see an increase in regulatory action from the federal government. On the heels of the rapidly approaching deadline for BE-12 filing and [...]

The American Bar Association's Antitrust Law Section recently held its annual Spring Meeting in Washington, DC, featuring updates from federal, state, and international antitrust enforcers and in-depth commentary on leading [...]

As this year's roundtable of enforcers demonstrated, big business is probably antitrust enforcers' greatest fear. Spring in Washington means Cherry blossoms and antitrust. And last week, 3,700 antitrust lawyers and [...]

1 Legal framework 1.1 Which laws regulate competition in your jurisdiction? US antitrust law is derived primarily from the Sherman Act and the Clayton Act. In particular: Section 1 of [...]

The US Department of Justice and Federal Trade Commission have recently announced an aggressive approach to enforcing Section 8 of the Clayton Act, which (with some exceptions) absolutely prohibits director [...]

A storm is brewing, and PE firms should be proactive in building their shelters before it is too late. Over the last five years, private equity (PE) firms have invested [...]

Roughly five months after announcing the largest merger in retail grocer history, Kroger and Albertsons are facing new opposition from twenty-six grocery customers seeking to terminate the merger and a [...]

The Federal Trade Commission has reportedly launched an investigation to explore price discrimination in the soft-drink industry, apparently as part of FTC Chair Lina Kahn's effort to reinvigorate use of [...]

Aggressive merger enforcement continued through the end of 2022, with the agencies having mixed results in the courts. With several high-profile investigations still pending, the expectation is for aggressive enforcement [...]

On February 13, 2023, U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, sent a letter to the Antitrust Division of the Department of Justice (DOJ) [...]

Earlier in February 2023, the Court for the Northern District of California denied the FTC's preliminary injunction motion to prevent the closing of Meta Platforms Inc.'s acquisition of Within Unlimited, [...]

The United States District Court for the District of Minnesota, applying Minnesota law, has held that a media tech policy's antitrust and consumer protection laws exclusions precluded coverage for the [...]

Introduction The Department of Justice (DOJ) Antitrust Division has continued to be active in criminal enforcement over the last year, with a renewed focus on Section 2 enforcement, continued scrutiny [...]

Primary HSR filing threshold will be increased to $111.4 million The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually [...]

On January 26, 2023, the FTC published a Notice in the Federal Register announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 [...]

On Jan. 23, 2023, the Federal Trade Commission ('FTC') announced increased reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ('HSR Act'); the revised HSR thresholds apply to all [...]

Executive Summary The Federal Trade Commission ('FTC') announced on January 23 its 2023 jurisdictional thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the 'HSR Act'). The thresholds [...]

Multiple Filing Fee Tiers Introduced The Federal Trade Commission ('FTC') has increased the dollar jurisdictional thresholds necessary to trigger the reporting requirements in the Hart-Scott-Rodino Antitrust Improvements Act of 1976, [...]

It is widely reported that healthcare is a top antitrust enforcement priority in the U.S. The healthcare industry has undergone a transformation over the over the last twenty years and [...]