In a unanimous decision, the Supreme Court of the United States affirmed the existing right to challenge the constitutionality of the Federal Trade Commission (FTC) in federal court first, outside the agency’s...
Full year of FTC/DOJ progressive antitrust enforcement
2022 was the first full year in which the progressives were responsible for the operations of both federal antitrust enforcement agencies. It was an extremely busy year, including numerous litigated merger challenges,...
Changes to fee structure for Hart-Scott-Rodino Act filings
The structure of the filing fees collected with required premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act 1976, as amended, are set to change for the first time in decades. The new fee...
On January 5, 2023, the Federal Trade Commission (FTC) issued a Notice of Proposed Rulemaking (NPRM) proposing the “Non-Compete Clause Rule.” This NPRM occurred one day after the FTC announced that it secured consent...
Interlocking directorates: why do we care?
The 19 October 2022 announcement by the US Department of Justice (DOJ) that seven directors had resigned from corporate board positions in light of DOJ concerns that their respective board appointments to competing...