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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 [...]

WASHINGTON -- The following information was released by Illinois Senator Richard J. Durbin: U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, sent a letter to [...]

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, [...]

WASHINGTON -- The following information was released by the Federal Trade Commission: The Federal Trade Commission has approved revised jurisdictional and filing fee thresholds for the Hart-Scott-Rodino (HSR) Antitrust Improvements [...]

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 [...]

November 29, 2022 - On November 10, 2022, the U.S. Federal Trade Commission ('FTC') issued its long-awaited 'Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 [...]

FAQ About the FTC's Controversial New 'Unfair Methods of Competition' Policy The Federal Trade Commission ('FTC') released a new Policy Statement of its enforcement priorities for Section 5 of the [...]

Key Takeaways The Federal Trade Commission (FTC) issued a historic statement, setting out a new framework for assessing 'standalone' claims of 'unfair methods of competition' that can be brought by [...]

One of the longest running controversies in antitrust enforcement policy concerns the breadth of the Federal Trade Commission's authority to define and prohibit 'unfair methods of competition' under Section 5 [...]

On November 10, 2022, the FTC by a 3-1 party line vote issued a new 'Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the [...]

On November 10, 2022, the Federal Trade Commission issued its 'Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act.' The [...]

The Federal Trade Commission (the 'FTC') on Thursday released a long-awaited policy statement on its authority to police 'unfair methods of competition in or affecting commerce.'1 This authority-derived from Section [...]

Palo Alto, California: Wilson Sonsini Goodrich & Rosati has issued the following press release: In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade [...]

Executive Summary The FTC is eager to investigate conduct by larger companies, even where such conduct might not meet the traditional requirements of liability under the federal antitrust laws, and [...]

Los Angeles, California: Munger, Tolles, & Olson LLP has issued the following press release: Munger, Tolles & Olson partner Rohit Singla was quoted in an article titled 'US DOJ's Move [...]

The Antitrust Division of the Department of Justice (DOJ) has indicated a recent interest in enforcing Section 8 of the Clayton Act, which prohibits individuals from serving on boards of [...]

Last month, the U.S. Department of Justice's (DOJ) Antitrust Division announced that seven directors from the boards of five companies resigned in response to concerns that the directors' roles violated [...]

Washington: Steptoe & Johnson has issued the following press release: Last month, the U.S. Department of Justice's (DOJ) Antitrust Division announced that seven directors from the boards of five companies [...]

Back in April 2022, Assistant Attorney General (AAG) Jonathan Kanter hinted very strongly that the Antitrust Division of the Department of Justice (DOJ) would be looking at Section 8 violations [...]

On October 19, the DOJ Antitrust Division announced that seven directors have resigned from board positions in ten companies after the Division raised concerns that the directors' roles violated the [...]

The Department of Justice announced on October 19 that seven directors resigned their positions from five corporate boards to mitigate antitrust concerns.1 DOJ raised concerns that the directors' simultaneous service [...]

In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University [...]

Given the increased level of enforcement of Section 8 of the Clayton Act, we recommend that public companies include questions addressing potential Clayton Act issues in their D&O Questionnaires. Set [...]

WHAT HAPPENED Seven directors resigned from corporate boards following promises of enforcement of Clayton Act Section 8 (15 U.S.C. s. 19) by the US Department of Justice (DOJ), Antitrust Division [...]

On Wednesday, October 19, 2022, the Department of Justice Antitrust Division (DOJ) announced that seven directors resigned from their board positions because of DOJ's concerns that holding the positions violated [...]

This week, the Antitrust Division announced the resignation of seven directors from their corporate board positions in response to concerns their service may have violated Section 8 of the Clayton [...]

The Department of Justice Antitrust Division ('DOJ') announced on Wednesday that it has required several directors to resign from simultaneously serving on the corporate boards of competitor companies. The announcement [...]

Recent scrutiny of interlocking directorates - when a person serves as an officer or board director of two competing corporations - by the U.S. Department of Justice Antitrust Division (DOJ) [...]

In a recent press release, the Antitrust Division of the United States Department of Justice (DOJ) announced that seven directors resigned from corporate board positions in response to the DOJ's [...]

Key Points Seven directors have resigned from the boards of five companies in response to U.S. DOJ concerns that their positions potentially violated Section 8 of the Clayton Act, 15 [...]

WASHINGTON -- The following information was released by the U.S. Department of Justice: Resignations Reflect Antitrust Division's Efforts to Reinvigorate Enforcement and Deter Violations of Section 8 of the Clayton [...]

How are disruptive technologies impacting competition and what are regulators doing in response? In the latest episode of Winston & Strawn's limited podcast series, Women in Antitrust, Partner and Host [...]

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 [...]

A GLOBAL COMPETITION PRACTICE McDermott Will & Emery's global competition practice can assist clients with antitrust M&A issues in various jurisdictions around the world. Feel free to contact one or [...]

On Sept. 13, Assistant Attorney General Jonathan Kanter delivered remarks1 at the Georgetown Antitrust Law Symposium, largely focusing on merger control enforcement at the Department of Justice (DOJ) under his [...]

On June 3, 2022, Department of Justice Antitrust Division Deputy Assistant General Richard A. Powers reiterated the Division's intent to bring more cases to trial and touted the Division's record [...]

The FTC's challenge of Altria Group's proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press. Press [...]

Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations. But while the prohibition has been around since 1914, most antitrust lawyers pay little attention to it, [...]