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2 months ago | 
jdsupra.com | James Fredricks |Karen Hoffman Lent |Tara L. Reinhart
On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines), replacing their Antitrust Guidance for Human Resource Professionals (Oct. 2016) (HR Guidance).
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Jan 16, 2025 | 
jdsupra.com | Boris Bershteyn |Karen Hoffman Lent |Tara L. Reinhart
Key Points We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support for strong enforcement, particularly in areas such as prescription drugs and technology. But the merger review process is likely to become more predictable and focus again on consumer welfare factors.
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Oct 8, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
Law Offices of Gary Martin Hays & Associates, P.C. (470) 294-1674Law Offices of Mark E. Salomone (857) 444-6468
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Sep 10, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
As the November election draws closer, Wall Street is anticipating how the deal-making environment will look under the next administration. Both the Trump and Biden presidencies amplified antitrust scrutiny, and while dealmakers do not expect enforcement to disappear, they do hope a new president brings some relief to current competition policy and enforcement.
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Aug 26, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
Department of Justice (DOJ) cartel investigations have historically targeted corporate defendants. The current enforcement landscape, however, is increasingly focused on individual accountability and has evinced the Antitrust Division’s willingness to embrace new and undertested approaches of ensuring competitive domestic markets.
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Jul 25, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
For the past 40 years, one of the most important doctrines underpinning administrative law in the United States was the doctrine of Chevron deference. As established in its namesake case, the Chevron deference required courts to defer to a federal agency’s reasonable interpretation of a statutory provision when the agency was exercising its rulemaking authority rather than substituting the court’s own interpretation when Congress’ intent on the subject was ambiguous. Chevron U.S.A. v.
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Jun 10, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
While fashion has always been about being on trend, there has been a notable trend of increased antitrust scrutiny of the fashion sector. Two recent antitrust lawsuits in the United States—one by the Federal Trade Commission (FTC) and one by private plaintiffs—both target alleged anticompetitive behavior in this industry. In April, the FTC sued to block the merger of Tapestry Inc.
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May 13, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
From April 10 to April 12, 2024, more than 4,000 antitrust professionals from around the world gathered in Washington, D.C., for the American Bar Association’s 72nd annual Antitrust Spring Meeting. 2024 Antitrust Spring Meeting, American Bar Association. This article highlights the overarching themes from the conference, including emerging technology, agency enforcement and prevailing competitive concerns. Emerging Technology Want to continue reading?
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Apr 11, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
Antitrust authorities in the United States have been shining the spotlight on private equity (PE) roll-ups and serial acquisitions, which are multi-merger strategies pursuant to which a buyer acquires multiple companies in an industry. PE investments offer many benefits to target firms, including management, industry and operational expertise. PE also injects needed capital into companies to rescue neglected assets.
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Feb 12, 2024 | 
law.com | Karen Hoffman Lent |Kenneth Schwartz
Following months of anticipation, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) unveiled their new Merger Guidelines (the Guidelines) on Dec. 18, 2023. More than 30,000 stakeholders offered input on proposed changes to the Guidelines, which were previously updated in 2010. While the agencies made some modifications in response to public comment, the core elements of the final Guidelines are consistent with the draft version released in July 2023.
