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  • Article

    Ready For The Flood Of Litigation Against Federal Agencies?

    Today, the Supreme Court heard oral arguments in two related cases that may have a significant impact on litigation against federal agencies – Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce.
    United StatesGovernment, Public Sector
    Axinn
    Axinn
  • Article

    "A"/"An" Means "One Or More," Said The Federal Circuit…Again

    In ABS Global, Inc. v. Cytonome/ST, LLC, No. 2022-1761, 2023 WL 6885009 (Fed. Cir. Oct. 19, 2023), the Federal Circuit issued a precedential reminder that the use of "a" or "an"...
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    Competition Law Developments In Germany: Three Things We Are Watching

    As counsel to global companies, we often guide clients through not just U.S. antitrust issues, but also through a global antitrust landscape. Whether it is a merger or a business practice, it is crucial to understand how all the global pieces fit together.
    GermanyAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Another HSR Penalty Record: KKR’s $250 Million Settlement

    The Department of Justice has secured a proposed $250 million settlement with KKR & Co. Inc. for alleged Hart-Scott-Rodino Act violations spanning at least 16 transactions in 2021 and 2022. This unprecedented penalty, more than twenty times the previous record, marks a dramatic escalation in HSR enforcement and raises critical questions about filing compliance standards across the investment industry.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Axinn Associates At The Antitrust Spring Meeting: AI, Algorithms, And Information Exchange

    The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world. During the 2026 Spring Meeting, Axinn associates attended thought leadership panels to capture key insights.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Growing Role Of Texas In Driving US Antitrust Policy

    Texas Attorney General Ken Paxton's office has long been a significant player in antitrust enforcement. It has been an active enforcer in the technology industry, and has used antitrust as a tool to push back on corporate ESG efforts.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Antitrust Enforcement In Energy M&A In The Trump Era — 4 Issues To Watch

    As CERAWeek begins in Houston, dealmakers in the energy sector will surely be asking how the second Trump Administration antitrust enforcers will treat energy deals.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Verisk v. AccuLynx – Implications For Antitrust Approval

    On August 7, 2026, the Delaware Court of Chancery ordered Verisk Analytics, Inc. to move forward with its purportedly terminated $2.35 billion proposed acquisition of AccuLynx.com.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Passing The Laboring Oar? What's To Come For No-Poach And Wage-Fixing Prosecutions

    It's been two years since the Antitrust Division brought its most recent — and only pending — criminal case involving labor markets.
    United StatesCriminal Law
    Axinn
    Axinn
  • Article

    The Changing Faces Of The International Trade Commission: Getting To Know The New Administrative Law Judges

    The International Trade Commission (ITC) looks a little different these days. Prior stalwart Administrative Law Judges (ALJs)...
    United StatesIntellectual Property
    Axinn
    Axinn
  • Article

    The Curtain Rises Again On FTC Act Section 5

    Section 5 of the FTC Act prohibits "unfair methods of competition."Section 5, which has been endorsed by many as necessary to fill gaps in the Sherman Act, yet criticized by others as vague...
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Wynn v. The Associated Press, Et Al.: A Recent Petition For A Writ Of Certiorari Highlights Challenges To New York Times V. Sullivan And Anti-SLAPP Laws

    The 1964 Supreme Court case New York Times v. Sullivan, which requires public officials to prove "actual malice" to succeed on a defamation claim, was a watershed moment in defamation law. Curtis Publishing Co. v. Butts was decided just a few years later and extended the same protection to "public figures" in addition to public officials.
    United StatesLitigation, Mediation & Arbitration
    Axinn
    Axinn
  • Article

    A Vertical Merger In A "Horizontal" Market: Court Rejects FTC's Challenge To Tempur Sealy's Acquisition Of Mattress Firm

    On January 31, 2025, the U.S. District Court for the Southern District of Texas denied the Federal Trade Commission's request for a preliminary injunction to block Tempur Sealy's...
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    GTCR / Surmodics: Four Key Takeaways For M&A Antitrust From The First FTC Merger Challenge Under Trump

    In the FTC's first merger challenge of the new administration, the FTC voted 4-0 last week to challenge the proposed acquisition of Surmodics by private equity firm GTCR BC Holdings ("GTCR").
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Axinn Associates At The Antitrust Spring Meeting: Cartel Enforcement Trends And Developments

    The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Axinn Associates At The Spring Meeting: Trends In Federal Antitrust Enforcement And Policy

    The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Too Much Or Not Enough? Healthcare Organizations Comment On The New HSR Form

    In February 2025, the FTC and DOJ announced that a new HSR form was in effect, requiring enhanced disclosures that the agencies claimed would allow them to more effectively evaluate reportable transactions.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Axinn Antitrust Insight: FTC Announces Revised HSR Thresholds For 2025

    Transactions valued at over $126.4 million will require HSR premerger notification in 2025. The updated thresholds are expected to take effect for transactions closing in mid- to late February 2025.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn
  • Article

    Be Careful What You Wish For: Class Action Waivers And Arbitration Agreements Can Create Headaches If Not Carefully Drafted

    Companies often seek to avoid the expense and outsized potential liability of class actions by including class action waivers and arbitration clauses in contracts with consumers, employees, and corporate counterparties alike. But plaintiffs have increasingly been calling their bluff.
    United StatesLitigation, Mediation & Arbitration
    Axinn
    Axinn
  • Article

    Axinn Associates At The Antitrust Spring Meeting: You Get A Deal, You Get A Deal—A Deal In Every Environment

    The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world.
    United StatesAntitrust/Competition Law
    Axinn
    Axinn

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