In the latest episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews author, scholar and expert in international
2023 Update: U.S. Antitrust Sets Sail into Uncharted Seas
Last year we noted that U.S. antitrust enforcement was in a period of nearly unprecedented public attention and policy debate, and also that the Biden Administration seemed likely to launch significant new policy initiatives as the year progressed.
FTC Proposes Rule to Ban Non-Competes
On January 5, 2023, the U.S. Federal Trade Commission (“FTC”)proposed a rule that would prohibit employers from entering into non-compete agreements (“non-competes”) with workers and require them to rescind all existing non-competes by written notice.
HSR Filing Fee Changes Impose New Tax on M&A Activity
The recent Consolidated Appropriations Act of 2023 includes significant changes to the filing fees for Hart Scott Rodino Act filings.
Antitrust Review U.S. Edition, Episode 3: The Spectre of Enforcement
In the third episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Bruce Hoffman and Leah Brannon about the U.S. enforcement environment for Big Tech, the agencies’ application of Section 2 of the Sherman Act, and the prospects for legislative change.
Antitrust Review U.S. Edition, Episode 2: Litigation and Merger Control Enforcement in the U.S.
In the second episode of a three-part series on U.S. antitrust enforcement, host Nick Levy interviews Cleary Gottlieb colleagues Dave Gelfand and Heather Nyongo’o about U.S. antitrust and merger litigation, the prospects for legislative change in the U.S., and their practical experiences of handling major litigation at the Department of Justice’s Antitrust Division and in private practice.
Antitrust Review Episode 4: In Conversation With Professor Eleanor M. Fox
In the fourth episode of Cleary Gottlieb’s Antitrust Review podcast, host Nick Levy interviews Professor Eleanor M. Fox, who for
Third Circuit Affirms Court Decision and FTC Effort to Block Hospital Merger
On March 22, 2022, the Third Circuit upheld a district court decision granting a preliminary injunction against Hackensack Meridian Health’s plan to acquire Englewood Healthcare, pending the outcome of an administrative trial by the Federal Trade Commission.
U.S. DOJ and FTC Announce Plan to Revamp Merger Guidelines
On Tuesday, January 18th, FTC Chair Lina Khan and DOJ Antitrust Division Assistant Attorney General Jonathan Kanter held a joint press conference in which they announced ambitious plans to review and update the Merger Guidelines, targeting a release of new guidelines before the end of 2022.
U.S. & EU Antitrust: Developments and Outlook in 2022
In the 2021 edition of this memo, we wrote that antitrust in 2020 received more political and media attention than at any recent time. 2021 beat that standard in multiple ways, and 2022 looks to continue that trend. In addition to continuing the major tech cases brought under the Trump administration, 2021 saw unprecedented levels of legislative activity in antitrust (both federal and state), competition policy taking a leading position across federal agencies and startling new approaches at the Federal Trade Commission (FTC) in particular – new approaches that, while they haven’t yet produced a wave of new enforcement actions, have required changes in thinking about and approaching antitrust issues. We expect these trends to accelerate in 2022.