The Federal Trade Commission (FTC) announced this week its Notice of Proposed Rule Making, drafted in concurrence with the U.S. Department of Justice (DOJ), that, if implemented would result in significant and burdensome changes to the U.S. merger review process.

The Federal Trade Commission, in coordination with the U.S. Department of Justice Antitrust Division, recently released a summary of the Agencies’ June 2022 joint workshop titled “The Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.”

On January 24, 2023, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and state attorneys general for California, Colorado, Connecticut, New Jersey, New York, Rhode Island, Tennessee and Virginia filed a civil antitrust lawsuit in the U.S. District Court for the Eastern District of Virginia against Google LLC (“Google”).

In a closely watched private antitrust case, Saint Francis Hospital and Medical Center, Inc. (“St. Francis”) sued its rival, the Hartford Healthcare Corporation (“HHC”), and on February 13, 2023, the litigation survived a motion to dismiss.

Late last week, the U.S. Department of Justice Antitrust Division announced its withdrawal of a string of healthcare enforcement policy statements issued in 1993, 1996, and 2011.

Mintz Antitrust and Government Law attorneys examine an FTC proposed rule that would ban almost all non-compete provisions in employment relationships. They also discuss why employers should consider auditing non-compete policies and practices and exploring alternatives such as non-disclosure or customer non-solicitation agreements.

This alert discusses the Merger Filing Fee Modernization Act of 2022, which was signed into law on December 29, 2022, and how it substantially increases merger filing fees under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.

Read about an FTC policy paper highlighting the pitfalls of Certificates of Public Advantage (“COPAs”) laws, which are state-specific regulatory regimes that allow hospitals to form monopolies that are not subject to federal antitrust litigation.