On July 19, 2023, the DOJ and FTC released a draft overhaul of the merger guidelines (the Draft Guidelines). Some portions of the Draft Guidelines are consistent with agency practice fro...
On July 10, 2023, Judge Jacqueline Scott Corley of the U.S. District Court for the Northern District of California denied the FTC’s motion for a preliminary injunction to block Microsof...
The U.S. antitrust authorities have proposed extensive changes to the Hart-Scott-Rodino filing requirements. If implemented, these changes will obligate filing parties to provide substant...
On April 14, a unanimous Supreme Court held that parties can challenge the constitutionality of the FTC’s and SEC’s administrative proceedings in federal court before an agency review...
In 2022, China amended its Anti-Monopoly Law (AML) for the first time in fourteen years. This “New AML” significantly increases penalties for antitrust violations, provides greater f...
On February 3, the DOJ’s Antitrust Division withdrew three “outdated” policy statements. Those statements described certain antitrust safe harbors that companies in the healthcare ...
The Federal Trade Commission (FTC) has announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds and filing fee amounts, up to a $2.25 million fee for the largest deals. Under th...
In a sweeping and controversial move, the FTC has proposed a rule that would bar almost all employment non-competes and require rescission of existing non-competes. The proposed rule is s...
Davis Polk partners Sheila Adams, Jarrett Arp, Art Burke, Howard Shelanski and Jesse Solomon and counsel Suzanne Munck af Rosenschold and Matthew Yeowart recently authored “Navigating t...
In the U.S., some members of Congress and state AGs have advocated for greater antitrust scrutiny of industry-wide ESG initiatives, while other state AGs have argued that such initiatives...
