The U.S. Department of Justice, Antitrust Division (DOJ), and the Federal Trade Commission (FTC) (and together, the "Agencies") have released long-anticipated draft merger guidelines...

During the second Trump Administration, the Antitrust Division of the U.S. Department of Justice (DOJ) has filed 21 statements of interest (https://bit.ly/4zgKVz2). These filings can be good predictors of future enforcement activity.

The healthcare industry has long been under the microscope of antitrust regulators, with a focus on preserving cost-effectiveness, improving access, and ensuring high-quality care.

More than a year has passed since the U.S. Department of Justice (DOJ) Antitrust Division updated its guidance on corporate compliance programs, and while many subjects of enforcer attention...

The final 2023 Merger Guidelines are structured around 11 guidelines outlining the Agencies' approach to merger enforcement.

Pursuant to the Inflation Reduction Act (the "IRA"), the Secretary of Health and Human Services ("HHS") and the Center for Medicare & Medicaid Services ("CMS") have begun the annual process of negotiating with pharmaceutical companies regarding the price of certain drugs covered under Medicare Part D and Part B in an attempt to reduce drug prices.

Every first-year law student has fumbled with the nuances of distinguishing between "issues of law" and "issues of fact" in Civil Procedure fact patterns.

Under the Supreme Court's Chevron doctrine, courts will defer to a federal agency's interpretation of an ambiguous statute unless that interpretation is unreasonable.

While algorithmic pricing tools can enhance market efficiency and competition, concerns persist about their potential to facilitate collusion. Antitrust enforcers in the United States are increasingly focusing on the use...

On August 7, the DOJ and four state attorneys general announced a settlement to resolve their challenge to the $3.3 billion acquisition of Amedisys, Inc.

Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology.

Nonpracticing entities have been increasingly active at the U.S. International Trade Commission in recent years, bringing a record 32% of Section 337 Investigations in 2022.

In December 2022, the Antitrust Division of the U.S. Department of Justice and the U.S. Department of Health and Human Services' Office of the Inspector General announced a memorandum of understanding ...

Now a year in, the Trump 2.0 commitment to continued and aggressive criminal antitrust enforcement is bearing fruit, bolstered by a "frenzy" of tips from the first-ever whistleblower rewards program.

FDA recently doubled down on its approach of allowing new language in an ANDA label as the result of a section viii statement – a so-called "carve-in." Section viii statements assert that an ANDA does not seek...

This article recaps antitrust litigation and enforcement in organised US sports from January 2022 to June 2023...

The primary merger control legislation in the US is Section 7 of the Clayton Act, which prohibits acquisitions that may substantially lessen competition.