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California's new COMPETE Act expands state antitrust enforcement to target single-firm monopolization and monopsonization conduct, creating a broader mandate than federal law. Beginning January 1, 2027, public enforcers will have authority to challenge exclusionary business practices that fall outside the Sherman Act's scope, potentially reshaping the competitive landscape for companies operating in California.

The Hart-Scott-Rodino Antitrust Improvements Act of 1976 probably ranks as the most important piece of antitrust legislation in the last half-century. It certainly has had the most practical impact, and the most significant part of that impact has come from its premerger notification provisions.

In In re Lipitor Antitrust Litigation, No. 12 Civ. 2389 (D.N.J.), U.S. District Judge Peter G. Sheridan has confirmed his prior ruling that under the Supreme Court’s decisions in Twombly, Iqbal, and FTC v. Actavis, Inc., 133 S. Ct. 2223 (2013), plaintiffs claiming an antitrust violation based on a non-monetary settlement must allege the value of the settlement to survive dismissal of their complaint.

On June 28, 2007, the United States Supreme Court overruled 96-year-old precedent governing Sherman Act standards on resale price maintenance. In Leegin Creative Leather Products, Inc. v. PSKS, Inc., No. 06-480, the Court held that resale price maintenance agreements are not per se unlawful under section 1 of the Sherman Act, which prohibits agreements in restraint of trade.

Earlier today, the European Commission finally adopted the new Block Exemption Regulation on Vertical Restraints[1] (the "new VBER") and accompanying Guidelines[2], (the "new Guidelines").

The U.S. Trade Representative has opened a narrow window for companies to advocate for tariff relief on Chinese imports and enhanced market access for U.S. exports through a newly established U.S.-China Board of Trade. With a July 10, 2026 deadline approaching, businesses must quickly develop evidence-based submissions identifying "non-sensitive" products worth approximately $30 billion in trade that could benefit from reduced tariffs following bilateral negotiations.

The FDA has proposed important new regulatory amendments to reaffirm existing law relating to when sponsors of new drugs, biologics, and medical devices may employ the "changes being effected" ("CBE") supplement process to change the labels on their products without FDA pre-approval.

The Dutch financial conglomerate ING Group, under pressure from the European Commission, recently announced plans to accelerate the sale of its insurance operations and its internet banking business in the United States.

On July 29, 2008, the United States Court of Appeals for the District of Columbia Circuit (“Circuit Court”) reversed the district court’s denial of the Federal Trade Commission’s (“FTC’s or Commission’s”) request for a preliminary injunction to block the merger of Whole Foods Market, Inc. (“Whole Foods”) and Wild Oats Markets, Inc. (“Wild Oats”).

The US Federal Trade Commission recently updated its guidance on online disclosures—Dot Com Disclosures: How to Make Effective Disclosures in Digital Advertising (the 2013 Dot Com Disclosures).

On April 23, 2024, the Federal Trade Commission ("FTC") voted 3-2 to issue a new rule that will dramatically impact employers that use noncompete agreements to protect their business...

The Obama Administration today signaled a more aggressive antitrust enforcement policy and a clear shift away from the Bush Administration’s more laissez-faire approach.

The United States Supreme Court this week held in Texaco, Inc. v. Dagher that (1) it is not per se unlawful under Section 1 of the Sherman Act for a legitimate, economically-integrated joint venture to set the prices at which it sells its separately branded products; and (2) certain "core" activities of a legitimate joint venture, such as the venture’s setting of its own prices, may be held lawful even without resort to an ancillary restraints analysis.

On January 10, 2006, the U.S. Supreme Court issued its decision in Volvo Trucks North America, Inc. v. Reeder-Simco GMC, Inc. The court’s first Robinson-Patman Act (RPA or the Act) case in twelve years, the Volvo decision substantially limits the ability of allegedly disfavored resellers to pursue price discrimination claims in the context of competitive bidding situations.

On December 24, 2008, the Federal Trade Commission (FTC) announced the settlement of two administrative actions, each of which dealt with a different physician group that negotiated fees collectively and refused, or threatened to refuse, to deal with health insurance companies (payers) unless the payers agreed to rate increases.

Pennsylvania’s Unfair Trade Practices and Consumer Protection Law can impose additional restrictions on industries already subject to extensive regulation.

The Supreme Court will decide before the end of this Term whether to hear any or all of four important cases that raise recurring questions of class action law that have sharply divided the lower courts.

Tesla's fight to sell its popular electronic cars directly to consumers, rather than through independent dealers, recently took a decidedly more aggressive turn.