Articles and Blogs

On February 12, 2026, the U.S. District Court for the Eastern District of Texas (the “Court”) struck down the Federal Trade Commission’s (“FTC”) rule expanding the scope of the Hart-Scott-Rodino (“HSR”) Act Premerger Notification Form. See Chamber of Com. of the U.S. v. Fed. Trade Comm’n, No. 6:25-CV-9-JDK, 2026 WL 402498 (E.D. Tex. Feb.... READ MORE

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and the Department of Justice (“DOJ”) Antitrust Division and... READ MORE

On September 10, 2025, the Federal Trade Commission (“FTC”) issued a press release announcing that letters were sent to health systems and health care staffing companies warning against the use of “unreasonable” non-compete clauses or other restrictive covenants in their employment agreements. The letters also strongly suggest that recipients conduct a review of their... READ MORE

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and Department of Justice (“DOJ”) Antitrust Division and to... READ MORE

The antitrust agencies have been active this month, bringing compliance with the Hart-Scott-Rodino (“HSR”) Act to the forefront. The HSR Act requires companies to file premerger notifications with the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) for certain transactions. FTC Fines Gun-Jumpers On January 7, 2025, the... READ MORE

On January 7, 2025, the Federal Trade Commission (“FTC”) announced that several crude oil producers will pay a record $5.6 million in civil penalties to settle allegations of premerger “gun-jumping” in violation of the Hart-Scott-Rodino (“HSR”) Act. Parties to a merger violate the antitrust laws when a buyer takes operational control over the seller,... READ MORE

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that... READ MORE

On October 10, 2024, the Federal Trade Commission (“FTC”) announced their unanimous vote to finalize changes to the premerger notification form and associated instructions, as well as the premerger notification rules implementing the Hart-Scott-Rodino (“HSR”) Act. The HSR Antitrust Improvements Act of 1976, as amended, requires all persons contemplating certain mergers or acquisitions that... READ MORE

On September 20, 2024, the Federal Trade Commission (“FTC”) filed an administrative complaint against Caremark Rx, Express Scripts and OptumRx, and their affiliated group purchasing organizations (“GPOs”), for engaging in anticompetitive and unfair rebate practices resulting in the artificial inflation of insulin prices. The FTC alleged that by creating a system in which drug... READ MORE

On August 20, 2024, the federal judge in the Ryan, LLC lawsuit in Texas issued an order holding as unlawful and setting aside the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“). Importantly, the set aside remedy is nationwide in scope, which means the Final Rule “shall not be enforced or otherwise take... READ MORE