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Competition Corner

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188 results

May 16, 2025

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7 min read

The New Antitrust Frontier: How the “Most-Favored Nation” (MFN) Executive Order Targets Drug Pricing Power

In a marked shift toward competition-focused healthcare policy, the latest Executive Order on drug pricing reflects the Administration’s expanding use of
antitrust tools to address high pharmaceutical costs. Framed around the “most-favored-nation” principle, this initiative is more than a pricing measure—it
signals a broader regulatory agenda that targets market power and pricing disparities long shielded from traditional enforcement. Here’s what c...Read more
...Read more

May 2, 2025

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4 min read

Washington State Enacts a Broad Premerger Notification Requirement for All Industries

Washington recently became the first state to adopt the Uniform Antitrust Premerger Notification Act (UAPNA) and establish, effective July 27, 2025, a
general state-level premerger notification requirement for all transactions. 
...Read more

April 17, 2025

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5 min read

DOJ Secures First Jury Conviction in Criminal Wage-Fixing Case in Nevada

In an historic jury verdict on April 14, 2025, the U.S. Department of Justice’s Antitrust Division secured its first-ever jury conviction for criminal wage-fixing in
violation of Section 1 of the Sherman Act.  For several years, the DOJ Antitrust Division had suffered a string of setbacks—with judges and juries alike—in its
effort to criminally prosecute wage-fixing and “no poach” agreements between competitors in the labor market.  But a federal jury in Las Vegas, ...Read more
...Read more

March 26, 2025

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3 min read

President Trump Fires Remaining Democratic FTC Commissioners

On March 18, President Donald Trump fired the Federal Trade Commission’s two remaining Democratic commissioners, Alvaro Bedoya and Rebecca Kelly
Slaughter, in an unprecedented move that will likely be litigated to the Supreme Court. 
...Read more

February 13, 2025

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2 min read

New, More Burdensome HSR Form Now in Effect

The U.S. Federal Trade Commission’s new premerger notification form under the Hart-Scott-Rodino (HSR) Act went into effect on February 10, 2025, despite
pending challenges by business groups. Accordingly, parties to transactions meeting certain jurisdictional thresholds are required to submit HSR filings using
the new form to the FTC and the Antitrust Division of the Department of Justice (DOJ). 
...Read more

February 11, 2025

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10 min read

Trump 2.0: Non-Merger Antitrust Enforcement Under Trump’s Second Term

A second Trump administration brings some uncertainty about the trajectory of non-merger antitrust enforcement. Under the Biden administration, the
Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) took an aggressive approach to antitrust enforcement across
several industries and were particularly hostile to mergers and acquisitions. President Trump’s nominees to lead the antitrust agencies signal tha...Read more
...Read more

January 17, 2025

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3 min read

Business Groups Sue to Block New HSR Form

In a joint lawsuit filed on January 10, the U.S. Chamber of Commerce, Longview Chamber of Commerce, American Investment Council, and Business
Roundtable (collectively, the Plaintiffs) challenge the Federal Trade Commission’s (FTC) recent changes to the premerger notification rules under the
Hart-Scott-Rodino (HSR) Act, seeking to block the requirement to use a new HSR form that requires substantially more information and documen...Read more
...Read more

January 17, 2025

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3 min read

DOJ Files Unprecedented Suit Challenging Allegedly Deficient HSR Filings

On January 14, the Antitrust Division of the Department of Justice (DOJ) filed a lawsuit against private equity firm KKR & Co. (KKR), alleging KKR repeatedly
violated the Hart-Scott-Rodino (HSR) Act and seeking unprecedented civil penalties of hundreds of millions of dollars. 
...Read more

January 14, 2025

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2 min read

FTC Imposes Record $5.6 Million Civil Penalty to Settle Gun-Jumping Charges

On January 7, 2025, the Federal Trade Commission (FTC) imposed a record $5.6 million civil penalty on crude-oil producers XCL Resources Holdings, LLC,
Verdun Oil Company II LLC, and EP Energy LLC for alleged “gun-jumping” violations of the Hart–Scott–Rodino (HSR) Act. 
...Read more

January 13, 2025

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3 min read

FTC Announces 2025 Revised Thresholds and Filing Fees for HSR Filings

The Federal Trade Commission (FTC) announced on Friday the increased Hart-Scott-Rodino (HSR) Act thresholds for 2025. These thresholds increase the
minimum value of transactions that must be notified under the HSR Act to $126.4 million. The new thresholds will become effective for transactions 30 days
after publication in the Federal Register.
...Read more

January 9, 2025

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6 min read

Recent Cases Preview Continued Antitrust Scrutiny of Labor Markets During the Second Trump Administration

Antitrust scrutiny of labor markets is far from dead.  Despite the FTC and DOJ Antitrust Division suffering several prominent defeats of major labor antitrust
initiatives in recent years—including courts blocking the FTC’s rule banning non-competes and juries rejecting DOJ no-poach prosecutions—the agencies
continue to pursue a variety of labor-focused actions.
...Read more

December 18, 2024

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5 min read

FTC Revives Robinson-Patman Act Enforcement in Lawsuit Against Nation’s Top Alcohol Distributor

On December 12, 2024, the Federal Trade Commission (FTC) filed a lawsuit against Southern Glazer’s Wine and Spirits, alleging violations of the
Robinson-Patman Act (RPA). This action, filed in the Central District of California, marks the first time in over two decades that the federal government has
taken steps to enforce the RPA.
...Read more

December 17, 2024

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9 min read

Trump’s Antitrust Strategy Continues to Take Shape with New FTC Picks

On December 10, President-elect Trump announced that he will elevate current FTC commissioner Andrew Ferguson to be the next Chair of the Federal Trade
Commission. In a follow-up post, Trump also announced his selection of antitrust lawyer Mark Meador to serve as a new Republican FTC commissioner.
...Read more

December 16, 2024

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4 min read

Another Day, Another Withdrawal: FTC and DOJ Withdraw Decades-Old Antitrust Guidelines for Collaborations Among Competitors

In a manner that can fairly be described by now as “business as usual,” the Federal Trade Commission and the Department of Justice Antitrust Division issued
a press release on Wednesday, December 11, announcing their decision to withdraw another key regulatory guidance document: the Antitrust Guidelines for
Collaborations Among Competitors.  
...Read more

November 22, 2024

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4 min read

Supreme Court’s Rejection of DOJ Appeal Could Shift the Landscape for Bid-Rigging Prosecutions

November 14, 2024

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8 min read

A Second Trump Presidency: How Will It Impact Antitrust Merger Review?

Last week, Donald Trump was elected to serve as the 47th president of the United States. President Trump’s election raises questions about the future of
antitrust policy and enforcement, particularly following the major policy shifts and increased scrutiny of mergers and acquisitions under the Biden
administration.
...Read more

November 8, 2024

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7 min read

New Year, New HSR: FTC Finalizes More Burdensome Updated HSR Form and Announces Return of Early Termination in 2025

On October 10, the U.S. Federal Trade Commission unanimously adopted final changes to the premerger notification form required by the Hart-Scott-Rodino
(HSR) Act, effective 90 days after publication in the Federal Register, i.e., no earlier than January 8, 2025.
...Read more

October 3, 2024

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5 min read

Banking Reform: An Increase In Scrutiny

On September 17, 2024, the DOJ’s Antitrust Division withdrew from its 1995 Bank Merger Guidelines and announced that, going forward, it will use the 2023
Merger Guidelines, along with a 2024 Banking Addendum, in evaluating the competitive impact of mergers and acquisitions in the banking industry. The DOJ’s
announcement comes roughly three years after President Biden issued an executive order encouraging the DOJ to enhance the enforcement sta...Read more
...Read more

August 22, 2024

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3 min read

FTC Ban on Worker Noncompetes Is Blocked Nationwide

The Federal Trade Commission’s rule banning nearly all noncompete agreements with workers was blocked, nationwide, by a Texas federal court on August
20.
...Read more

August 16, 2024

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2 min read

FTC and DOJ Host First Public Meeting of Pricing “Strike Force”

On July 31, 2024, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly hosted the first public meeting of the “Strike Force on Unfair
and Illegal Pricing.” This initiative was launched by President Biden in March 2024 where he emphasized the readiness of the DOJ and FTC to enforce the law
in response to “illegal pricing practices that are fraudulent or unfair or deceptive or anticompetitive.”
...Read more
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About This Blog

Winston & Strawn’s Competition Corner features insights on recent legal developments in the antitrust arena as well as user-friendly guidance and practical tips for compliance.

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Jeffrey J. Amato

Partner

Sofia Arguello

Partner

Eva Cole

Partner

Kevin B. Goldstein

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Conor Reidy

Partner

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