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.
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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.
FTC Asks Appeals Courts to Revive Ban on Worker Non-Compete Agreements after Nationwide Block
The FTC recently appealed a Texas federal court’s decision from August to block the implementation of the FTC’s rule banning worker non-competes.
No Time for Cat-and-Mouse Games: Another Federal Court Allows for Service of Patent Infringement Complaint via E-Mail on Foreign Defendants Residing in Mainland China, Skirting Hague Convention Procedures
A recent decision by the federal district court in the Southern District of Florida (Xiamen Zhaozhao Trading Co., Ltd. v. The Individuals, Partnerships and Unincorporated Associations Identified on Schedule A, No. 23-61347-CV, docket entry 21 (September 27, 2024)) permitted the Chinese corporate plaintiff to serve its complaint alleging patent infringement on the putative foreign defendants…
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…
Commerce Prepares for an AI Warfare Future with Quarterly Reports of AI Modeling and Computer Cluster Plans
On September 11, 2024, the U.S. Department of Commerce’s (Commerce) Bureau of Industry and Security (BIS) published a proposed rule in the Federal Register that would require quarterly reporting by organizations, companies, and corporations organized in the U.S. (including branches outside the U.S.) if they plan to either engage in artificial intelligence (AI) model training…
Gun-Jumping Charges Remind Dealmakers to Operate Independently Before Closing
In early August, the U.S. Department of Justice (DOJ) entered a consent decree with Legends Hospitality Parent Holdings, LLC (“Legends”) to resolve gun-jumping allegations that Legends improperly exerted operational control over ASM Global, Inc. (ASM) while its HSR filing for its acquisition of ASM remained pending. Although the DOJ allowed the transaction to close, Legends…
FTC Ban on Worker Non-Competes 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.
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.
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…