Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business Activities Affecting Workers” (“The Guidelines”). These Guidelines replace and expand upon antitrust guidance for HR professionals that the Obama administration issued in 2016.
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Current Antitrust & Competition News & Regulatory Developments
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Navigating the Matrix of State Healthcare Approvals
The outlook for federal antitrust enforcement remains murky, at best, with uncertainty about whether the new federal HSR rules, merger guidelines, and existing enforcement actions.…
Amending New York’s Donnelly Act: If at First You Don’t Succeed, Try, Try, and Try Again
A proposed amendment to New York’s Donnelly Act, introduced earlier this month, would significantly broaden the scope of the antitrust statute enacted in 1899. New York Senate Bill 335, titled the “Twenty-First Century Anti-Trust Act” seeks to modernize the State’s antitrust laws to address “New York’s great concern with the growing accumulation of power…
Thresholds for HSR Act Premerger Notifications and Interlocking Directorates Announced
1. Higher Jurisdictional Thresholds For HSR Filings…
Antitrust During Trump 2.0: It’s Complicated
What antitrust enforcement will look like during a second Trump administration is, like antitrust law, complicated. Notions that Republicans are pro-business and therefore will take a laissez-faire approach to antitrust enforcement are outdated and simplistic. During Trump’s first term, antitrust enforcement was far from moribund, blending traditional Republican preferences for deregulation with a populist skepticism…
Key Takeaways from the DOJ Antitrust Division’s Updated Compliance Guidance: It’s Not Just Criminal Anymore
The Department of Justice’s Antitrust Division (“Antitrust Division”) recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidance document (“Antitrust Compliance Guidance”). Corporate counsel and compliance officers should seriously consider these updates when crafting and implementing an antitrust compliance program.…
Campaign Promises to Address Rising Prices at the Grocery Store Signal Stronger Price Gouging Investigations, Enforcement Actions, and Prohibitions to Come

Republican and Democrat candidates alike have promised along the campaign trail that they will work to address the costs of everyday essentials for American consumers, particularly for food. One of the centerpieces of the Harris-Walz campaign is enacting “the first-ever federal ban on price gouging on food and groceries”[1] and the Trump-Vance campaign has…
The FTC Adopts New Premerger Notification Rules Implementing the Hart-Scott-Rodino (HSR) Act
The wait is over!…
The Sequel?: Predicting Antitrust Enforcement in a New Trump Administration
Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. In our last post, we analyzed antitrust enforcement under the Biden administration, which highlighted the results of Biden Administration’s aggressive antitrust policies. Under another potential…
Antitrust Under Biden: Taking a Closer Look at the Numbers
Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look forward to the next four years, we should also look back on antitrust enforcement under previous recent administrations. Much has been made…