US Federal Trade Commission

FTC Approves Final Order Resolving Antitrust Concerns Surrounding ICE, Black Knight Deal* The Federal Trade Commission today finalized a consent order that resolves antitrust concerns surrounding Intercontinental Exchange, Inc.’s (ICE) acquisition of Black Knight, Inc. The final consent (...)

In Comment Submitted to U.S. Copyright Office, FTC Raises AI-related Competition and Consumer Protection Issues, Stressing That It Will Use Its Authority to Protect Competition and Consumers in AI Markets* AI has the potential to ‘turbocharge’ schemes and deceptive practices, FTC contends (...)

FTC Takes Total Wine to Federal Court to Enforce Compliance with Antitrust Civil Investigative Demand* The Federal Trade Commission today filed a petition seeking a federal court order to force Total Wine to comply with an FTC civil investigative demand (CID), which is a type of (...)

FTC Approves Final Order to Prevent Interlocking Directorate Arrangement, Anticompetitive Information Exchange in EQT, Quantum Energy Deal* The Federal Trade Commission finalized a consent order that prevents entanglements and the exchange of confidential, competitively sensitive information (...)

FTC Sues Amazon for Illegally Maintaining Monopoly Power* Amazon’s ongoing pattern of illegal conduct blocks competition, allowing it to wield monopoly power to inflate prices, degrade quality, and stifle innovation for consumers and businesses The Federal Trade Commission and 17 state (...)

FTC, Department of Labor Partner to Protect Workers from Anticompetitive, Unfair, and Deceptive Practices* New agreement establishes formal collaboration between agencies on issues affecting workers The Federal Trade Commission and the U.S. Department of Labor (DOL) signed a new agreement (...)

FTC Challenges Private Equity Firm’s Scheme to Suppress Competition in Anesthesiology Practices Across Texas* U.S. Anesthesia Partners, Welsh Carson engaged in decade-long anticompetitive acquisition spree to suppress competition and unfairly drive-up prices for anesthesiology services The (...)

Biopharmaceutical Giant Amgen to Settle FTC and State Challenges to its Horizon Therapeutics Acquisition* Amgen will be prohibited from leveraging its drug portfolio to disadvantage rivals and will be required to seek prior approval before acquiring related products The Federal Trade (...)

FTC Secures Settlement with ICE and Black Knight Resolving Antitrust Concerns in Mortgage Technology Deal* Agency obtains relief that protects and preserves competition in mortgage technology markets, benefitting lenders and homebuyers The Federal Trade Commission today approved a proposed (...)

FTC and DOJ Announce Workshops on the 2023 Draft Merger Guidelines* The Federal Trade Commission and Justice Department announced today that they are co-hosting three workshops to facilitate public dialogue on the 2023 Draft Merger Guidelines the agencies announced in July. The workshops (...)

FTC Acts to Prevent Interlocking Directorate Arrangement, Anticompetitive Information Exchange in EQT, Quantum Energy Deal* Agency obtains innovative structural relief that preserves competition in the Appalachian Basin natural gas market following private equity-led deal The Federal Trade (...)

FTC and DOJ Extend Public Comment Period by 30 Days on Proposed Changes to HSR Form* The Federal Trade Commission and Department of Justice’s Antitrust Division are extending by 30 days the deadline for the public to submit comments on proposed changes to the premerger notification form and (...)

Statement Regarding Termination of CooperCompanies’ Attempted Acquisition of Cook Medical’s Reproductive Health Business* The Federal Trade Commission has learned that the Cooper Companies Inc. has terminated its $875 million acquisition of Cook Medical Holdings, LLC’s reproductive health (...)

FTC Reaches Proposed Settlement with Surescripts in Illegal Monopolization Case* Proposed order remedies anticompetitive conduct that led to higher prices, stifled innovation, and reduced customer choice in e-prescription market The Federal Trade Commission filed a proposed order that (...)

FTC and DOJ Seek Comment on Draft Merger Guidelines* Proposed guidelines would address the many ways mergers can weaken competition, harming consumers, workers, and businesses Today, the Federal Trade Commission and the Department of Justice are releasing a draft update of the Merger (...)

FTC Sues to Block IQVIA’s Acquisition of Propel Media to Prevent Increased Concentration in Health Care Programmatic Advertising* Merger would harm competition, raise prices for consumers, and hurt patients The Federal Trade Commission is seeking to block IQVIA Holdings Inc. (IQVIA), the (...)

FTC Files Amicus Brief to Clarify Antitrust Standards Involving Exclusive-Dealing and Bundling Arrangements* The Federal Trade Commission filed a friend-of-the-court (amicus) brief in the U.S. District Court for the Central District of California, clarifying legal standards that apply in (...)

Commission Order Vacates ALJ Initial Decision and Dismisses Complaint in Case Against Altria and Juul* Order Clarifies Points of Law in ALJ Initial Decision On Friday, June 30, 2023, the Federal Trade Commission vacated the Administrative Law Judge’s (ALJ) initial decision in the (...)

FTC and DOJ Propose Changes to HSR Form for More Effective, Efficient Merger Review* New form will implement congressional requirements and modernize information collection The Federal Trade Commission, with the concurrence of the Assistant Attorney General of the Antitrust Division of the (...)

FTC Files Amicus Brief in Bystolic Antitrust Litigation Supporting Competition in the Hypertension Drug Market* The Federal Trade Commission filed a friend-of-the-court (amicus) brief in the U.S. Court of Appeals for the Second Circuit, clarifying the legal standards that apply in certain (...)

Statement Regarding the Termination of Boston Scientific Corporation’s Attempted Acquisition of a Majority Stake in M.I. Tech Co., Ltd.* In response to the announcement that Boston Scientific Corporation and non-vascular stent manufacturer M.I. Tech Co., Ltd. have terminated their $230 (...)

FTC Approves Final Order Requiring Anchor Glass Container Corp. to Drop Noncompete Restrictions That It Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized a consent order settling charges that Anchor Glass Container Corp. illegally imposed (...)

FTC Sues to Block Biopharmaceutical Giant Amgen from Acquisition That Would Entrench Monopoly Drugs Used to Treat Two Serious Illnesses* The $27.8 billion acquisition of Horizon Therapeutics plc would enable Amgen Inc. to stifle competition for thyroid eye disease and chronic refractory gout (...)

Statement Regarding the Termination of CalPortland Company’s Attempted Acquisition of Assets Owned by Rival Cement Producer Martin Marietta Materials, Inc.* In response to the announcement that cement producer CalPortland Company has terminated its proposed $350 million acquisition of assets (...)

FTC Staff Seeks Court Order Preventing ICE from Consummating its Acquisition of Rival Black Knight Pending Agency Administrative Challenge* The staff of the Federal Trade Commission asked a federal court to issue a temporary restraining order (TRO) and preliminary injunction (PI) to prevent (...)

FTC Orders Illumina to Divest Cancer Detection Test Maker GRAIL to Protect Competition in Life-Saving Technology Market* Commission finds that Illumina’s $7.1 billion vertical acquisition is likely to substantially reduce competition in U.S. market for research, development, and (...)

FTC Seeks Comment on Business Practices of Cloud Computing Providers that Could Impact Competition and Data Security* Agency staff seek comment on cloud computing impact on specific industries including healthcare, finance, transportation, e-commerce and defense The Federal Trade (...)

FTC Files Amicus Brief in Sage Chemical vs. Supernus Pharmaceutical Supporting Competition in the Market for Drug Used to Treat Advanced Parkinson’s Disease* The Federal Trade Commission filed a brief as Amicus Curiae in the U.S. District Court for the District of Delaware in a case related (...)

FTC Takes Action Against Another Company That Imposed Harmful Noncompete Restrictions on Its Workers* Agency action puts an end to noncompete restrictions that Anchor Glass Container Corp. imposed on its employees The Federal Trade Commission ordered manufacturing company Anchor Glass (...)

FTC Seeks Public Comment on Franchisors Exerting Control Over Franchisees and Workers* Public urged to provide input on franchise agreements and franchisor business practices The Federal Trade Commission requests comment on franchise agreements and franchisor business practices, including (...)

FTC Acts to Block Deal Combining the Two Top Mortgage Loan Technology Providers* Intercontinental Exchange Inc.’s proposed acquisition of rival Black Knight, Inc. would harm competition and lead to higher costs for lenders and homebuyers The Federal Trade Commission is taking action to (...)

FTC Approves Final Order Requiring Michigan-Based Security Companies to Drop Noncompete Restrictions That They Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized consent orders settling charges that two affiliated Michigan-based security companies (...)

FTC Extends Public Comment Period on Its Proposed Rule to Ban Noncompete Clauses Until April 19* The Federal Trade Commission voted to extend the public comment period for its proposed new rule to ban employers from imposing noncompetes on their workers. With the extension, the FTC will now (...)

FTC Approves Final Orders Requiring Two Glass Container Manufacturers to Drop Noncompete Restrictions That They Imposed on Workers* Following a public comment period, the Federal Trade Commission finalized consent orders settling charges that two glass container manufacturers, O-I Glass, (...)

FTC to Host Public Forum Examining Proposed Rule to Ban Noncompete Clauses* The Federal Trade Commission will host a public forum on Thursday, February 16 examining the FTC’s proposed rule to prohibit employers from imposing noncompetes on their workers, and providing an opportunity for (...)

FTC Announces 2023 Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates* Commission also announces new HSR merger filing fees January 23, 2023 The Federal Trade Commission has approved revised jurisdictional and filing fee thresholds (...)

FTC Proposes Rule to Ban Noncompete Clauses, Which Hurt Workers and Harm Competition* Agency estimates new rule could increase workers’ earnings by nearly $300 billion per year The Federal Trade Commission proposed a new rule that would ban employers from imposing noncompetes on their (...)

FTC Cracks Down on Companies That Impose Harmful Noncompete Restrictions on Thousands of Workers* Agency action eliminates noncompetes covering thousands of workers, promoting greater economic opportunity and competition The Federal Trade Commission has taken legal action against three (...)

FTC Seeks to Block Microsoft Corp.’s Acquisition of Activision Blizzard, Inc.* Agency alleges that maker of Xbox would gain control of top video game franchises, enabling it to harm competition in high-performance gaming consoles and subscription services by denying or degrading rivals’ (...)

FTC Amicus Brief Challenges Abuse of FDA “Orange Book” Listing Procedures to Block Drug Competition* The Federal Trade Commission filed an amicus brief with the U.S. District Court for the District of Delaware in the case of Jazz Pharmaceuticals v. Avadel CNS Pharmaceuticals. The Brief (...)

FTC Restores Rigorous Enforcement of Law Banning Unfair Methods of Competition* Policy statement renews agency’s commitment to exercising full legal authority against companies that use unfair tactics to gain an advantage instead of competing on the merits The Federal Trade Commission (...)

FTC Joins Justice Department in Amicus Brief Supporting Workers’ Challenge to McDonald’s “No Hire” Franchise Restrictions* Brief argues that a provision in McDonald’s franchise agreement is per se illegal under U.S. antitrust law The Federal Trade Commission joined the Department of (...)

FTC Staff Opposes Proposed Certificate of Public Advantage That Could Shield SUNY Upstate Medical University’s Acquisition of Crouse Health System from Antitrust Scrutiny* Analysis shows New York hospital merger would likely harm competition, patients, and hospital workers The Federal (...)

FTC Approves Final Order against JAB Consumer Partners to Protect Pet Owners from Private Equity Firm’s Rollup of Veterinary Services Clinics* Following a public comment period, the Federal Trade Commission has finalized a consent order against JAB Consumer Partners designed to prevent the (...)

FTC Approves Consent Order Addressing Concerns Over Tractor Supply’s Acquisition of Orscheln Farm and Home* Order requires Tractor Supply to divest Orscheln stores, corporate offices, and distribution center to smaller farm store chains The Federal Trade Commission approved a consent order (...)

FTC and State Partners Sue Pesticide Giants Syngenta and Corteva for Using Illegal Pay-to-Block Scheme to Inflate Prices for Farmers* Complaint alleges that manufacturers pay distributors to exclude competitors’ more affordable generic options for essential farming products The Federal (...)

FTC Approves Final Order Requiring EnCap to Sell Off EP Energy Corp’s. Entire Utah Oil Business* Settlement Prevents Private Equity Fund from Eliminating Significant Competitor in Utah Waxy Crude Oil Following a public comment period, the Federal Trade Commission has approved a final order (...)

Administrative Law Judge Dismisses FTC’s Challenge of Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency Alleged Vertical Merger would Harm Competition in the U.S. Market for Life-Saving Multi-Cancer Early Detection Tests In an Initial Decision announced on Sept. (...)

FTC Policy Paper Warns About Pitfalls of COPA Agreements for Patient Care and Healthcare Workers Some Hospital Mergers Subject to Certificate of Public Advantage Agreements Led to Higher Prices, Reduced Quality Today the Federal Trade Commission issued a policy paper and fact sheet (...)

FTC Approves Final Order Restoring Competitive Markets for Gasoline and Diesel in Michigan and Ohio* Order requires ARKO Corp. to Limit Noncompetes and Return Five Retail Fuel Outlets to Corrigan Oil Company Following a public comment period, the Federal Trade Commission has approved a (...)

FTC Approves Final Order Protecting Pet Owners from Private Equity Firm’s Anticompetitive Acquisition of Veterinary Services Clinics* FTC Acts to Preserve Competition in Markets for Specialty and Emergency Veterinary Services Following a public comment period, the Federal Trade Commission (...)

FTC Seeks to Block Virtual Reality Giant Meta’s Acquisition of Popular App Creator Within* Agency Alleges that Meta and CEO Mark Zuckerberg are Attempting Illegal Acquisition to Expand Virtual Reality Empire The Federal Trade Commission is seeking to block virtual reality giant Meta and (...)

FTC Approves Final Order Preserving Competition for Development and Marketing of Steroid Injectable Drug* Unremedied, Acquisition could have Caused Significant Harm for Patients Who Use Triamcinolone Acetonide to Treat Severe Skin Conditions, Allergies, and Inflammation Following a public (...)

FTC Approves Final Order Requiring Prince International Corp. and Ferro Corp. to Sell Off Three Facilities amid Concerns that Deal would Increase Concentration in North American Market for Porcelain Enamel Frit* FTC also Acts to Preserve Competition in Markets for Forehearth Colorants and (...)

FTC to Ramp Up Enforcement Against Any Illegal Rebate Schemes, Bribes to Prescription Drug Middleman That Block Cheaper Drugs* Agency puts drug industry on notice that paying rebates and fees to exclude competitors offering lower-cost drug alternatives can violate competition and consumer (...)

Federal Trade Commission Opposition to Transaction Leads New Jersey Healthcare Rivals RWJBarnabas Health and Saint Peter’s Healthcare System to Abandon Proposed Merger* FTC Alleged Transaction Would Have Increased Prices and Reduced Quality of Care for Patients by Eliminating Head-to-Head (...)

FTC Launches Inquiry Into Prescription Drug Middlemen Industry* Agency to Scrutinize the Impact of Vertically Integrated Pharmacy Benefit Managers on the Access and Affordability of Medicine The Federal Trade Commission announced today that it will launch an inquiry into the prescription (...)

FTC Sues to Block Merger Between New Jersey Healthcare Rivals RWJBarnabas Health and Saint Peter’s Healthcare System* Agency Alleges that Deal Would Increase Prices and Reduce Quality of Care for Patients by Eliminating Head-to-Head Competition The Federal Trade Commission authorized an (...)

The Federal Trade Commission today took action to protect competition in gasoline, diesel, and other fuel markets in South Carolina and Alabama, requiring pipeline and storage companies Buckeye Partners, L.P. and Magellan Midstream Partners, L.P. to divest to U.S. Venture, Inc. petroleum (...)

The Federal Trade Commission has authorized an administrative complaint and a lawsuit in federal court to block the proposed merger between Utah healthcare competitors HCA Healthcare and Steward Health Care System. The agency alleges that the deal would eliminate the second and fourth largest (...)

Federal Trade Commission Launches Inquiry into Infant Formula Crisis* Agency Seeks Public Comment on Attempts to Deceive Families and Factors that May Have Contributed to the Ongoing Shortage of Infant Formula Today, the Federal Trade Commission staff launched an inquiry into the ongoing (...)

FTC Requires Prince and Ferro to Sell Off Three Facilities amid Concerns that Deal would Increase Concentration in North American Market for Porcelain Enamel Frit* Absent a Remedy, the Merger Would Also Likely Harm Competition in Markets for Forehearth Colorants and Glass Enamel The (...)

Federal Trade Commission Preserves Competition for Development and Marketing of Steroid Injectable Drug* Absent a Remedy, Acquisition Likely Would Lead to Significant Price Increases for Patients who Need Injectable TCA to Treat Severe Skin Conditions, Allergies and Inflammation The (...)

Statement Regarding Texas Jury’s Verdict that Former Owner Neeraj Jindal Obstructed FTC’s Antitrust Investigation into Physical Therapy Staffing Company* Today, a Texas federal jury found the former owner of a physical therapist staffing company guilty of obstructing a Federal Trade (...)

Federal Trade Commission Extends Public Comment Period for Request for Information on Impact of Pharmacy Benefit Managers* The Federal Trade Commission is extending the public comment period, until May 25, 2022, on a request for information that covers a wide range of issues in the PBM (...)

FTC Approves Final Order Prohibiting Louisiana Real Estate Appraisers Board from Fixing Prices for Appraisal Services in Louisiana * Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Louisiana Real Estate Appraisers Board (...)

FTC Requires ENCAP to Sell Off EP Energy Corp.’s Entire Utah Oil Business amid Concerns that Deal would Increase Pain at the Pump* Agency Seeks to Prevent Private Equity Fund from Eliminating Significant Competitor in Utah Waxy Crude Oil The Federal Trade Commission will require the (...)

Statement of Federal Trade Commission Bureau of Competition Deputy Director John M. Newman on Federal Appeals Court Ruling Affirming Preliminary Injunction to Halt Merger of New Jersey Hospital Networks* Federal Trade Commission Bureau of Competition Deputy Director John M. Newman issued (...)

Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Global Partners LP’s acquisition of 27 retail gasoline and diesel outlets owned or operated by Richard Wiehl violates federal antitrust laws. Under the terms of the final (...)

Statement Regarding Termination of Attempted Merger of Rhode Island’s Two Largest Healthcare Providers* In response to the announcement that Lifespan Corp. (“Lifespan”) and Care New England Health System (“Care New England”) have terminated their proposed merger, FTC Bureau of Competition (...)

FTC Requests Public Comments on the Impact of Pharmacy Benefit Managers’ Practices* Agency seeks information on the ways that large, vertically integrated PBMs are affecting drug affordability and access The Federal Trade Commission announced it is soliciting public input on the ways that (...)

Administrative Law Judge Dismisses FTC Antitrust Complaint against Altria Group and JUUL Labs, Inc.* In an Initial Decision announced on Feb. 24, 2022, Chief Administrative Law Judge D. Michael Chappell dismissed the antitrust charges in a complaint issued by the Federal Trade Commission (...)

FTC Approves Modifications to Boston Scientific Corp. Divestiture Agreement* The Federal Trade Commission has approved certain modifications to medical device company Boston Scientific Corp.’s Divestiture Agreements. The FTC approved these agreements and incorporated them into its order as (...)

FTC and Rhode Island Attorney General Step in to Block Merger of Rhode Island’s Two Largest Healthcare Providers* FTC alleges that anticompetitive deal likely to increase price and reduce quality of care for patients The Federal Trade Commission has authorized an administrative (...)

Statement Regarding Termination of Lockheed Martin Corporation’s Attempted Acquisition of Aerojet Rocketdyne Holdings Inc.* In response to the announcement that Lockheed Martin Corporation has terminated its proposed acquisition of Aerojet Rocketdyne Holdings Inc., FTC Bureau of Competition (...)

FTC Approves Sartorius Stedim Biotech S.A.’s Petition for Prior Approval of its Acquisition of the Chromatography Equipment Business of Novasep Process SAS* The Federal Trade Commission has approved a petition from Sartorius Stedim Biotech S.A. to acquire the chromatography equipment (...)

FTC Extends Deadline for Public Comment on Supply Chain Disruptions* The Federal Trade Commission is extending by 30 days the deadline to submit comments as part of the agency’s inquiry into supply chain disruptions. The deadline was originally January 29, 2022; it is now February 28, 2022. (...)

FTC Comment to Food and Drug Administration Supports Agency’s Proposed Rule on Establishing Over-the-Counter Hearing Aids* The Federal Trade Commission staff has submitted a comment to the Food and Drug Administration (FDA) in response to FDA’s request for comment on its proposed rule on (...)

FTC Sues to Block Lockheed Martin Corporation’s $4.4 Billion Vertical Acquisition of Aerojet Rocketdyne Holdings Inc.* Agency Seeks to Prevent World’s Largest Defense Contractor from Eliminating Last Independent U.S. Missile Propulsion Provider and Further Consolidating Markets Critical to (...)

FTC Announces Annual Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates* For 2022, the size-of-transaction threshold for reporting proposed mergers and acquisitions under Section 7A of the Clayton Act will adjust from $92 million to (...)

FTC Approves Final Order Requiring Northeast Supermarkets Price Chopper and Tops Market Corp. to Sell 12 Stores as a Condition of Merger* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of New York-based supermarket (...)

Federal Trade Commission and Justice Department Seek to Strengthen Enforcement Against Illegal Mergers* Agencies Launch Joint Public Inquiry Aimed at Modernizing Merger Guidelines to Better Detect and Prevent Anticompetitive Deals WASHINGTON – Today, the Federal Trade Commission (FTC) and (...)

Statement of Chair Lina M. Khan on the Ruling by Judge Denise L. Cote Federal Trade Commission et al v. Vyera Pharmaceuticals, LLC et al* Today, U.S. District Court Judge Denise Cote held “Pharma Bro” Martin Shkreli liable for antitrust claims brought by the Federal Trade Commission and a (...)

FTC Approves Final Order Imposing Strict Limits on Future Mergers by Dialysis Service Provider DaVita, Inc* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that dialysis service provider DaVita, Inc.’s acquisition of the University (...)

FTC Approves Final Order Requiring Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Generic Sulfamethoxazole-Trimethoprim Oral Suspension and Generic Dexamethasone Tablets* Following a public comment period, the Federal Trade Commission (...)

FTC Publishes Inflation-Adjusted Civil Penalty Amounts for 2022* The Federal Trade Commission has adjusted the maximum civil penalty dollar amounts for violations of 16 provisions of law the agency enforces, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act (...)

FTC Fines Biglari Holdings Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that restaurant chain owner and investment fund operator Biglari Holdings Inc. will pay a $1.4 million civil penalty to settle charges that two acquisitions it made on March (...)

FTC Fines Clarence L. Werner, Founder of the Truckload Carrier Werner Enterprises, Inc. for Repeatedly Violating Antitrust Laws* Today, the Federal Trade Commission announced that Clarence L. Werner, founder of the Omaha, Nebraska-based truckload carrier Werner Enterprises, Inc. will pay a (...)

FTC Approves Final Order Requiring Alabama Board of Dental Examiners to Stop Unreasonably Excluding Lower Cost Online and Teledentistry Providers from Competing* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the Alabama Board (...)

FTC Order Protects Retail Fuel Customers Following Global Partners LP’s Acquisition of Wheels* Proposed order preserves competition by requiring divestiture of 7 retail gasoline and diesel stations in Connecticut Global Partners LP and Richard Wiehl have agreed to divest to Petroleum (...)

Joint Statement from FTC, DOJ Antitrust Division, and European Commission Leadership on Launch of EU-US Joint Technology Competition Policy Dialogue* Leadership of the Federal Trade Commission, the Antitrust Division of the Department of Justice, and the Directorate-General for Competition (...)

FTC, States to Recoup Millions in Relief for Victims Fleeced by ‘Pharma Bro’ Scheme to Illegally Monopolize Life-Saving Drug Daraprim* ’Pharma Bro’ Associate Mulleady banned from pharma industry and corporate defendants to pay up to $40 million; Trial set to begin next week for ‘Pharma Bro’ (...)

Expected Federal Trade Commission Opposition to Transaction Leads Great Outdoors Group, LLC and Rival Sportsman’s Warehouse Holdings, Inc. to Abandon Plans for Proposed Merger* Federal Trade Commission Bureau of Competition Director Holly Vedova issued the following statement regarding the (...)

FTC Sues to Block $40 Billion Semiconductor Chip Merger* Vertical deal between chip supplier Nvidia and chip design provider Arm would allow combined firm to stifle competing next-generation technologies The Federal Trade Commission today sued to block U.S. chip supplier Nvidia Corp.’s $40 (...)

FTC Approves Modification of Final Order Related to NEXUS Gas Transmission, LLC, a Natural Gas Joint Venture* Following a public comment period, the Federal Trade Commission has approved a petition by DTE Energy Company to reopen and modify the FTC’s 2019 final order. The order remedied the (...)

FTC Approves Modifications to Bristol Meyers Squibb Divestiture Agreement* The Federal Trade Commission has approved certain modifications to Bristol Meyers Squibb’s, or BMS’s, Divestiture Agreements that the FTC approved and incorporated into its order as part of a consent that was required (...)

FTC Approves Final Order Requiring Divestitures of Hundreds of Retail Gas and Diesel Fuel Stations Owned by 7-Eleven, Inc.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that 7-Eleven’s acquisition of Marathon’s Speedway (...)

FTC Requires Generic Drug Marketers ANI Pharmaceuticals, Inc. and Novitium Pharma LLC to Divest Rights and Assets to Two Generic Products as Condition of Merger* Order preserves competition in U.S. markets for generic sulfamethoxazole-trimethoprim oral suspension and generic dexamethasone (...)

FTC Imposes Strict Limits on DaVita, Inc.’s Future Mergers Following Proposed Acquisition of Utah Dialysis Clinics* The Federal Trade Commission issued a proposed order imposing strict limits on future mergers by DaVita, Inc., a dialysis service provider with a history of fueling (...)

FTC to Restrict Future Acquisitions for Firms that Pursue Anticompetitive Mergers* Proposed Order marks first use of prior approval authority under new policy statement confirming that prior approval is once again standard practice The Federal Trade Commission announced that it is (...)

Alabama Board of Dental Examiners Agrees to Settle FTC Charges that It Unreasonably Excluded Lower Cost Online and Teledentistry Providers from Competition* To settle FTC charges that its actions violated the antitrust laws, the Board of Dental Examiners of Alabama has agreed to stop (...)

FTC Requests Public Comment on DTE Energy Company’s Application to Modify Final Order Settling Competition Concerns Related to Natural Gas Joint Venture* The Federal Trade Commission is seeking public comment on a petition by DTE Energy Company to reopen and modify the FTC’s 2019 order, (...)

FTC Staff Presents Report on Nearly a Decade of Unreported Acquisitions by the Biggest Technology Companies* Report analyzes acquisitions by Alphabet/Google, Amazon, Apple, Facebook, and Microsoft At an open Commission meeting today, the Federal Trade Commission staff presented findings (...)

Federal Trade Commission Withdraws Vertical Merger Guidelines and Commentary* 2020 guidance withdrawn to prevent industry and judicial reliance on unsound economic theories; FTC to work with DOJ to update merger guidance The Federal Trade Commission voted to withdraw its approval of the (...)

Federal Trade Commission and Justice Department Issue Joint Statement to Preserve Competition in Post-Hurricane Relief Efforts* The Federal Trade Commission and the Department of Justice’s Antitrust Division today issued a joint statement detailing antitrust guidance for businesses taking (...)

FTC Streamlines Consumer Protection and Competition Investigations in Eight Key Enforcement Areas to Enable Higher Caseload* Agency to Focus on Service Members and Veterans; Children; Algorithmic and Biometric Bias; Deceptive and Manipulative Conduct on the Internet; and Repair Restrictions; (...)

FTC Fines Capital One CEO Richard Fairbank for Repeatedly Violating Antitrust Laws* On multiple occasions, Wall Street banker failed to comply with federal antitrust laws when he illegally finalized stock acquisitions Today, the Federal Trade Commission announced that Richard Fairbank, CEO (...)

FTC Alleges Facebook Resorted to Illegal Buy-or-Bury Scheme to Crush Competition After String of Failed Attempts to Innovate* Agency’s amended complaint details how the monopolist survived existential threats by illegally acquiring innovative competitors and burying successful app (...)

FTC Urges Federal Reserve Board to Require Debit Card Gatekeepers to Compete Fairly* As mobile and electronic payments become the norm, Commission staff advocate for more competition to protect businesses and families from unfair fees The Federal Trade Commission announced that staff have (...)

Federal Trade Commission Withdraws Remaining Case against AbbVie after Supreme Court Decision Strips Consumers of Relief* After the Supreme Court declined to review a ruling from the Third Circuit that AbbVie used sham litigation to illegally maintain a monopoly, the Federal Trade Commission (...)

FTC Testifies Before House Energy and Commerce Subcommittee on Legislation to Modify the Commission’s Authority and Address Challenges Facing the Agency* The Federal Trade Commission testified before the House Energy and Commerce Subcommittee on Consumer Protection and Commerce on (...)

FTC Rescinds 1995 Policy Statement that Limited the Agency’s Ability to Deter Problematic Mergers* Eliminating the policy statement restores a valuable tool to stop illegal mergers The Federal Trade Commission voted in an open Commission meeting to rescind a 1995 policy statement that made (...)

FTC Charges Broadcom with Illegal Monopolization and Orders the Semiconductor Supplier to Cease its Anticompetitive Conduct* The Federal Trade Commission has issued a complaint charging Broadcom with illegally monopolizing markets for semiconductor components used to deliver television and (...)

FTC Orders the Divestiture of Hundreds of Retail Stores Following 7-Eleven, Inc.’s Anticompetitive $21 Billion Acquisition of the Speedway Retail Fuel Chain* Proposed order prohibits 7-Eleven from enforcing noncompete provisions for franchisees or employees working at or doing business with (...)

Louisiana Real Estate Appraisers Board Agrees to Settle FTC Charges that It Fixed Prices for Appraisal Services in Louisiana* The Louisiana Real Estate Appraisers Board has agreed to stop fixing compensation levels for residential real estate appraisal services in Louisiana as part of a (...)

FTC Requires Divestitures as Condition of Casey’s General Stores, Inc.’s Acquisition of Buck’s Intermediate Holdings, LLC* Order preserves competition in local fuel markets in Nebraska and Iowa Casey’s General Stores, Inc., Buck’s Intermediate Holdings, LLC, and Steven Buchanan, have (...)

FTC Challenges Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail* Agency alleges vertical merger would harm competition in the U.S. market for life-saving Multi-Cancer Early Detection tests The Federal Trade Commission has filed an administrative complaint (a public (...)

Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Two Health Care Systems in Central Georgia Abandon Proposed Merger* Federal Trade Commission Votes to Close Investigation of Atrium Health Navicent, Inc. and Houston Healthcare System, Inc. Given the (...)

Following Federal Trade Commission Staff Recommendation to Challenge Transaction, Tronox Holding plc. Abandons Proposed Acquisition of TiZir Titanium and Iron* Given Tronox Holdings plc.’s announcement that it has abandoned its acquisition of TiZir Titanium and Iron, the Federal Trade (...)

FTC Approves Final Order Imposing Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the combination of the Upjohn division of pharmaceutical company Pfizer and (...)

FTC Again Charges Endo and Impax with Illegally Preventing Competition in U.S. Market for Oxymorphone ER* The FTC is suing Endo Pharmaceuticals Inc., Endo International plc, Impax Laboratories, LLC, and Impax’s owner, Amneal Pharmaceuticals, Inc., alleging that a 2017 agreement between Endo (...)

FTC to Study the Impact of Physician Group and Healthcare Facility Mergers* The Federal Trade Commission has issued orders to six health insurance companies to provide information that will allow the agency to study the effects of physician group and healthcare facility consolidation that (...)

FTC Imposes Conditions on E. & J. Gallo Winery’s Acquisition of Assets from Constellation Brands, Inc.* Wine and spirits maker E. & J. Gallo Winery has agreed to divest several product lines and remove certain others from its asset purchase agreement with competitor Constellation (...)

FTC Issues Commentary on Vertical Merger Enforcement* The Federal Trade Commission has issued a Commentary on Vertical Merger Enforcement. In June 2020, the FTC and the Department of Justice issued Vertical Merger Guidelines describing the principal analytical techniques, practices, and (...)

FTC Approves Final Order Imposing Conditions on Stryker Corp.’s Acquisition of Wright Medical Group N.V.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that medical device company Stryker Corp.’s proposed $4 billion acquisition of (...)

FTC Sues Facebook for Illegal Monopolization* The Federal Trade Commission today sued Facebook, alleging that the company is illegally maintaining its personal social networking monopoly through a years-long course of anticompetitive conduct. Following a lengthy investigation in cooperation (...)

FTC Sues to Block Procter & Gamble’s Acquisition of Billie, Inc.* Merger would eliminate innovative nascent competitor for wet shave razors The Federal Trade Commission has filed an administrative complaint (a public version of which will be available and linked to this news release as (...)

FTC Staff Issues FY 2017 Report on Branded Drug Firms’ Patent Settlements with Generic Competitors* The number of reverse-payment agreements remains low; for the first time since FY 2004, no agreement contains a no-AG commitment. According to a new FTC staff report, the total number of (...)

FTC Challenges Hackensack Meridian Health, Inc.’s Proposed Acquisition of Competitor Englewood Healthcare Foundation* New Jersey healthcare system merger would increase price and reduce quality of healthcare. The Federal Trade Commission has filed an administrative complaint, and (...)

FTC Approves Otto Bock HealthCare North America, Inc.’s Application to Divest Assets It Gained through Acquisition of FIH Group Holdings, LLC* Divestiture preserves competition for microprocessor prosthetic knees The Federal Trade Commission has approved an application by prosthetics (...)

FTC Sues to Block CoStar Group, Inc.’s Proposed Acquisition of Chief Competitor RentPath Holdings, Inc.* Companies operate internet listing services such as Apartments.com and ApartmentGuide.com The Federal Trade Commission has filed an administrative complaint, and authorized a suit in (...)

FTC Sues to Block Proposed Acquisition of Two Memphis-Area Hospitals* Transaction would eliminate competition, increase prices, and reduce quality of care The Federal Trade Commission has filed an administrative complaint, and authorized a suit in federal court, to block the proposed $350 (...)

FTC Requires Medical Device Companies Stryker Corp. and Wright Medical Group N.V. to Divest Assets to Preserve Competition* The Federal Trade Commission will require medical device companies Stryker Corp. and Wright Medical Group N.V. to divest all assets related to Stryker’s total ankle (...)

FTC Imposes Conditions on Combination of Pfizer Inc.’s Upjohn and Mylan N.V.* Pharmaceutical companies Pfizer Inc. and Mylan N.V. have agreed to divest assets and abide by other conditions to settle Federal Trade Commission charges that the proposed combination of Upjohn Inc. and Mylan N.V. (...)

FTC to Hold Virtual Q&A Sessions in November on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission will host three public Question and Answer sessions as part of its ongoing HSR Rulemaking initiative. These one-hour virtual (...)

FTC Requests Public Comment on Otto Bock HealthCare North America, Inc.’s Application to Approve Divestiture of Assets It Gained through Acquisition of FIH Group Holdings, LLC* The Federal Trade Commission is currently accepting public comments on an application by prosthetics manufacturer (...)

FTC Approves Final Order Imposing Conditions on Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Arko Holdings Ltd.’s acquisition of Empire Petroleum Partners, (...)

Statement of FTC Bureau of Competition Director Ian Conner on Peabody Energy Corporation and Arch Coal’s Abandonment of Their Proposed Joint Venture* Agency had alleged that merger would harm competition in the market for thermal coal mined in the Southern Powder River Basin Federal Trade (...)

FTC Requests Rehearing En Banc of Qualcomm Appeals Panel Decision* The Federal Trade Commission today filed a petition with the U.S. Court of Appeals for the Ninth Circuit requesting rehearing en banc of the August 11, 2020, decision of a panel of that court in the matter of FTC v. Qualcomm (...)

FTC and DOJ Seek Comments on Proposed Amendments to HSR Rules and Advanced Notice of Proposed HSR Rulemaking* The Federal Trade Commission, with the concurrence of the Antitrust Division of the U.S. Department of Justice, will publish in the Federal Register a Notice of Proposed Rulemaking (...)

International Competition Network Addresses Enforcement and Policy Challenges of the Digital Economy at United States-Hosted 19th Annual Conference The International Competition Network held its 19th annual conference on Sept. 14-17, 2020. Co-hosted by the Federal Trade Commission and the (...)

FTC’s Bureau of Economics to Expand Merger Retrospective Program* The Federal Trade Commission’s Bureau of Economics has announced a revamped Merger Retrospective Program, which will expand and formalize the Bureau’s retrospective research efforts that have already produced studies analyzing (...)

FTC Comment to Texas Attorney General Raises Concerns about Likely Competitive Effect of Proposed Regulations Imposing Additional Supervisory Requirements on Texas Certified Nurse Anesthetists* The Federal Trade Commission staff has submitted a comment to the Texas Attorney General regarding (...)

FTC Staff Submits Public Comment in Texas Opposing Certificate of Public Advantage Applications* The Federal Trade Commission staff submitted a comment to the Texas Health and Human Services Commission that opposes issuing certificates of public advantage (COPAs) to Hendrick Health System (...)

FTC Approves Final Order Requiring Animal Health Product Suppliers Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets as a Condition of Acquisition* Following a public comment period, the Federal Trade Commission has approved a final order (...)

FTC Approves Final Order Imposing Conditions on AbbVie Inc.’s Acquisition of Allergan plc* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that AbbVie’s $63 billion acquisition of Allergan would violate federal antitrust law. (...)

FTC Chairman Joseph J. Simons Signs Antitrust Cooperation Framework with Australia, Canada, New Zealand, and United Kingdom* Multilateral Mutual Assistance and Cooperation Framework seeks to improve cooperation in an increasingly global economy Today, Federal Trade Commission Chairman (...)

FTC Approves Final Order Imposing Conditions on Casino Operators Eldorado Resorts, Inc. and Caesars Entertainment Corporation* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Eldorado’s $17.3 billion agreement to acquire (...)

FTC Requires Divestitures as Condition of Arko Holdings Ltd.’s Acquisition of Empire Petroleum Partners, LLC* Arko Holdings Ltd. and Empire Petroleum Partners, LLC have agreed to divest retail fuel assets in local gasoline and diesel fuel markets across four states to settle Federal Trade (...)

FTC Approves Final Order Imposing Conditions on Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Following a public comment period, the Federal Trade Commission has approved a final order settling (...)

Indivior, Inc. to Pay $10 Million to Consumers, Settling FTC Charges that the Company Illegally Maintained a Monopoly over the Opioid Addiction Treatment Suboxone* FTC alleges company used anticompetitive tactics to impede competition from lower-cost generics Indivior, Inc. has agreed to (...)

FTC Requires Global Suppliers of Animal Health Products Elanco Animal Health, Inc. and Bayer Animal Health GmbH to Divest Assets in Three Product Markets, as a Condition of Merger* The Federal Trade Commission will require global suppliers of animal products, Elanco Animal Health, Inc. and (...)

Alimentation Couche-Tard Inc. and CrossAmerica Partners LP Agree to Pay $3.5 Million Civil Penalty to Settle FTC Allegations that they Violated 2018 Order* Retail fuel station and convenience store operator Alimentation Couche-Tard Inc. (“ACT”) and its former affiliate, CrossAmerica Partners (...)

FTC and DOJ Issue Antitrust Guidelines for Evaluating Vertical Mergers* New Vertical Merger Guidelines provide transparency on analytical techniques, practices, and enforcement policies The Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ” or “Department”) issued today (...)

FTC Requires Casino Operators Eldorado Resorts, Inc. and Caesars Entertainment Corporation to Divest Assets in Two Local Markets as a Condition of Merger* The Federal Trade Commission will require casino operator Eldorado Resorts, Inc. to divest casino-related assets in the South Lake Tahoe (...)

FTC Requires Divestitures as Condition of Tri Star Energy, LLC’s Acquisition of Certain Assets of Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth* Tri Star Energy, LLC and Hollingsworth Oil Company, Inc., C & H Properties, and Ronald L. Hollingsworth (...)

FTC Approves Final Order Settling Charges that VieVu’s Former Parent Company Safariland Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that (...)

FTC Comment Supports Provisions in Centers for Medicare & Medicaid Services’ Interim Final Rule that Reduce or Eliminate Restrictive Medicare Payment Requirements for Telehealth and Related Services during Pandemic* The staffs of the Federal Trade Commission’s Office of Policy Planning, (...)

FTC Approves Final Order Settling Charges that Danaher Corporation’s Acquisition of GE Biopharma Was Anticompetitive* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Danaher Corporation’s acquisition of GE Biopharma would (...)

FTC Approves Final Order Imposing Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Össur Hf’s proposed acquisition of College Park Industries, Inc. would (...)

FTC Approves Final Orders Settling Charges that Rent-to-Own Operators Restrained Competition through Reciprocal Purchase Agreements* Following a public comment period, the Federal Trade Commission has approved final orders settling charges that rent-to-own operators Aaron’s Inc., Buddy’s (...)

FTC Imposes Conditions on AbbVie Inc.’s Acquisition of Allergan plc* Agency requires companies to divest three drugs Pharmaceutical companies AbbVie Inc. and Allergan plc have agreed to divest assets to settle Federal Trade Commission charges that AbbVie’s proposed $63 billion acquisition (...)

FTC Approves Final Order Settling Charges that Merger of Polyurethane Foam Producers Was Anticompetitive* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that the merger of polyurethane foam producers FXI Holdings, Inc. and Innocor, (...)

VieVu’s Former Parent Company Safariland Agrees to Settle Charges That It Entered into Anticompetitive Agreements with Body-Worn Camera Systems Seller Axon* Settlement is part of a larger case challenging Axon’s consummated acquisition of former competitor VieVu Safariland, LLC, which (...)

Six More States Join FTC and NY Attorney General’s Case Against Vyera Pharmaceuticals, Martin Shkreli, and Other Defendants* Defendants engaged in anticompetitive scheme to protect list-price increase of more than 4,000 percent for life-saving drug Daraprim The Federal Trade Commission has (...)

FTC Approves Final Order Imposing Conditions on Veterinary Service Providers Compassion First and National Veterinary Associates* Following a public comment period, the Federal Trade Commission has approved a final order settling charges that Compassion First’s proposed $5 billion (...)

FTC Imposes Conditions on Össur Hf’s Acquisition of College Park Industries, Inc.* Conditions to remedy competition loss in the U.S. market for myoelectric elbows Össur Hf and College Park Industries, Inc., both makers of prosthetic limbs, have agreed to divest College Park’s myoelectric (...)

FTC Sues to Unwind Altria’s $12.8 Billion Investment in Competitor JUUL* Today, the Federal Trade Commission filed an administrative complaint alleging that Altria Group, Inc. and JUUL Labs, Inc. entered a series of agreements, including Altria’s acquisition of a 35% stake in JUUL, that (...)

FEDERAL TRADE COMMISSION AND JUSTICE DEPARTMENT ANNOUNCE EXPEDITED ANTITRUST PROCEDURE AND GUIDANCE FOR CORONAVIRUS PUBLIC HEALTH EFFORTS* The Federal Trade Commission and the U.S. Department of Justice Antitrust Division today issued joint statement detailing an expedited antitrust (...)

Joint FTC and DOJ Letter Raises Concerns about California Assembly Bill 1541, which would Impose New Restrictions on Beer Manufacturers Who Wish to Terminate Distribution Agreement with Wholesalers* The staff of Federal Trade Commission’s Office of Policy Planning, Bureau of Economics, and (...)

FTC Imposes Conditions on Danaher Corporation’s Acquisition of GE Biopharma* Merger likely to reduce competition in highly concentrated markets that supply biopharmaceutical companies with key inputs Danaher Corporation has agreed to divest assets to settle Federal Trade Commission charges (...)

Premerger Notification Office Implements Temporary e-Filing System* Due to the developing COVID-19 coronavirus pandemic, and consistent with guidance from the Office of Personnel Management, the Premerger Notification Office (PNO) will implement a temporary e-filing system. During this (...)

FTC to Examine Past Acquisitions by Large Technology Companies* Agency Issues 6(b) Orders to Alphabet Inc., Amazon.com, Inc., Apple Inc., Facebook, Inc., Google Inc., and Microsoft Corp. The Federal Trade Commission issued Special Orders to five large technology firms, requiring them to (...)

Pharmaceutical companies settle ftc charges of an illegal agreement not to compete, which resulted in higher prices for generic version of ADHD drug* Pharmaceutical companies Concordia Pharmaceuticals Inc. and Par Pharmaceutical, Inc. have settled FTC charges that they entered into an (...)

FTC Issues Statement of Principles Regarding Enforcement of FTC Act as a Competition Statute* Frames Agency’s Use of ‘Stand Alone’ Section 5 Authority to Address Unfair Methods of Competition The Federal Trade Commission has issued a Statement of Enforcement Principles that describes the (...)

Federal Trade Commission Closes Google/DoubleClick Investigation* Proposed Acquisition Unlikely to Substantially Lessen Competition The Federal Trade Commission today announced that it will not seek to block Google Inc.’s proposed $3.1 billion acquisition of Internet advertising server (...)