Articles and Blogs

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 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

On August 15, 2024, a federal judge in the Middle District of Florida (“the Court”) granted a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule“) as applied to the plaintiff, Properties of the Villages, Inc. (“POV”). Similar to the plaintiffs in the Ryan, LLC lawsuit in Texas and... READ MORE

A federal judge in the Eastern District of Pennsylvania recently declined a request to temporarily block the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). ATS Tree Services, LLC (“ATS”), a tree removal company, had requested that the Court issue a preliminary injunction to block the Final Rule, arguing that ATS needed to... READ MORE

It has been a year since the Federal Trade Commission (“FTC”) revised its Guides Concerning the Use of Endorsements and Testimonials in Advertising (“Endorsement Guides” or “Guides”), which advises businesses, influencers, brand ambassadors and other endorsers on how to ensure that advertising using reviews or endorsements is truthful. The FTC’s Endorsement Guides, found in... READ MORE

In a much-anticipated ruling entered on July 3, 2024, a federal judge in the Northern District of Texas (“the Court”) temporarily blocked, via a preliminary injunction, the implementation of the Federal Trade Commission’s (“FTC”) worker non-compete rule (“Final Rule”). The injunction will remain in effect until the Court issues a final merits-based decision on... READ MORE