Competition Corner
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April 16, 2024
|6 min read
AAG Blizzard’s announcement marks the latest in a trend of increasing focus and scrutiny from state-level antitrust enforcement agencies. This change suggests that many states are standing ready to address antitrust enforcement if federal enforcement, which has been reinvigorated under the Biden administration, is weakened.
March 25, 2024
|8 min read
Early Assessment of the Digital Markets Act
Less than three weeks after the European Union’s (EU) Digital Markets Act (DMA) took effect on March 7, 2024, the European Commission announced on March 25, 2024 that it is opening investigations into Apple, Google, and Meta for suspected noncompliance with its new directives.
March 6, 2024
|4 min read
U.S. Antitrust Agencies Continue to Target Private Equity Involvement in Healthcare
In the latest step in the U.S. antitrust agencies’ heightened enforcement against private equity, the Federal Trade Commission held a Workshop on Private Equity in Health Care yesterday with the U.S. Department of Justice and Department of Health and Human Services.
February 6, 2024
|2 min read
FTC Chair Khan Emphasizes Vigilance in Antitrust Oversight of AI Industry
Chair Lina Khan of the Federal Trade Commission (FTC) recently addressed the FTC’s first Technology Summit on Artificial Intelligence. In her opening remarks, she expressed excitement about the event, highlighting the diverse expertise of the panelists and commending the efforts of the Office of Technology.
February 5, 2024
|3 min read
FTC Announces 2024 Revised Thresholds and Filing Fees for HSR Filings
The Federal Trade Commission (FTC) announced yesterday the increased Hart-Scott-Rodino (HSR) Act thresholds for 2024.
January 19, 2024
|5 min read
A Comeback for RPA Price Discrimination Camouflaged as Kickbacks
For nearly a year, the FTC has foreshadowed the revival of the previously dormant Robinson-Patman Act (RPA). With enforcement of the Act potentially forthcoming, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex supply chain relationships.
December 19, 2023
|4 min read
Almost exactly five months after the U.S. Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (the Agencies) released their draft merger guidelines, the FTC and DOJ issued the final 2023 Merger Guidelines.
December 15, 2023
|4 min read
Antitrust Enforcement in Action: Insights from the Regulators
Over the past six months, the FTC and DOJ have pushed a unified message regarding antitrust enforcement.
November 1, 2023
|3 min read
New DOJ Safe-Harbor Policy Incentivizes M&A Due Diligence on Government Contractors
In analyzing a government contractor target for a proposed acquisition—such as a merger, asset sale, or stock purchase—due diligence may uncover a seller’s noncompliance with certain Federal Acquisition Regulations or other applicable regulations.
October 27, 2023
|6 min read
Searching for Safe Harbor: Navigating Information Exchanges Moving Forward
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it had withdrawn three policy statements that established certain enforcement “safety zones” or safe harbors for the exchange of competitively sensitive information and benchmarking exercises.
October 4, 2023
|1 min read
The Long Reach of China’s Anti-Monopoly Law
In a recent move with potential implications for foreign companies doing business with China-based individuals and entities, the Guangzhou Intellectual Property Court recently announced that it has accepted a case brought by a Chinese e-commerce company against Amazon Europe alleging a violation of China’s Anti-Monopoly Law.
October 2, 2023
|4 min read
Landmark Ruling Paves the Way for Streamlined Health Care Transactions
On September 27, 2023, a Louisiana federal court issued a landmark ruling addressing the intersection of the Hart-Scott-Rodino (HSR) Act and the Certificate of Public Advantage (COPA) regimes adopted by various states.
September 28, 2023
|3 min read
FTC Seeks to Put Private Equity Roll-Up Strategies to Sleep
The Federal Trade Commission’s (FTC) continued scrutiny of private equity “roll-up” strategies resurfaced in a recent complaint filed in Texas federal court alleging that the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson) and its portfolio company U.S. Anesthesia Partners, Inc. (USAP) entered into a “multi-year anticompetitive scheme to consolidate anesthesiology practices in Texas, drive up the price of anesthesia services provided to Texas patients, and boost their own profits.”
August 31, 2023
|6 min read
On July 31, 2023, China’s antitrust law enforcement agency, the State Administration for Market Regulation (SAMR), summoned four hog-farming companies for a regulatory meeting, with concerns over a no-poach agreement among them.
August 18, 2023
|3 min read
Illinois has adopted a new antitrust law, effective January 1, 2024, requiring pre-merger notification of certain transactions between health care entities, including hospitals and provider groups.
August 11, 2023
|11 min read
DOJ and FTC Propose New Merger Guidelines—But Will Courts Follow?
After a series of withdrawals of key antitrust policy statements and guidance documents and announcing an intention to make changes to the merger guidelines, the Federal Trade Commission and Department of Justice (the Agencies) recently jointly released for public comment updated draft merger guidelines (the Proposed Guidelines).
August 3, 2023
|4 min read
USDA and State AGs Join Forces to Target Competition Concerns in Food and Agriculture
The U.S. Department of Agriculture (USDA) and the attorneys general of 31 states and the District of Columbia launched an “Agricultural Competition Partnership” on July 19, 2023, to “enhance competition and protect consumers in food and agricultural markets.” This partnership between USDA and a bipartisan group of states is dedicated to helping states identify and respond to anticompetitive and anti-consumer behavior in food and agricultural markets, including in grocery, meat and poultry processing, and other sectors.
July 25, 2023
|5 min read
A Glimpse into Antitrust Merger Review’s New Frontier
After a series of withdrawals of key antitrust policy statements and guidance documents and announcing an intention to make changes to the merger guidelines, the Federal Trade Commission and Department of Justice (the Agencies) have released new proposed Merger Guidelines.
July 19, 2023
|3 min read
On July 14, 2023, the Federal Trade Commission joined action previously taken by the DOJ Antitrust Division in February 2023 and formally withdrew two longstanding antitrust enforcement policy statements directly affecting the health care industry and considered strong guidance across other sectors. Each of the policy statements had originally been issued jointly by the DOJ and FTC. With the DOJ’s withdrawal five months ago, the policies were considered effectively dead, and the FTC’s action of joining its sister agency now makes it official.
July 13, 2023
|4 min read
With a potential comeback in store for the Robinson-Patman Act, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex pricing structures and supply chain relationships.