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Last week, the U.S. Supreme Court ruled against the FTC and allowed Axon Enterprise to raise certain constitutional objections to FTC processes in federal court before going through the FTC's internal administrative proceedings.

The Federal Trade Commission secured a record $12 million settlement against Edwards Lifesciences and Genesis MedTech for allegedly structuring a medical device acquisition to avoid Hart-Scott-Rodino Act filing requirements. The case centers on whether a $25 million side investment was designed to keep the total transaction price below HSR thresholds, raising critical questions about deal structuring and regulatory compliance.

You might recall that Max and Margie are next-door neighbors on Lemon Lane.

The idea of Elon Musk purchasing TikTok might sound like a headline ripped from a speculative business column, and maybe it is. But as antitrust lawyers, we couldn't resist.

Two days before the FedEx Cup Playoffs—a federal court in San Francisco denied three players' requests for an order allowing them to participate in the marquee event.

Having recently defended an investigation brought by the U.S. Department of Justice Antitrust Division—which was closed without prosecution of our client—we had the opportunity to reflect...

In May of 2023, Minnesota enacted a new law that broadly bans employee non-compete agreements with few exceptions and also limits the use of forum-selection and choice-of-law clauses in employment agreements.

This blog has discussed dynamic competition several times recently, such as here and here. Very roughly, the idea is that innovation is the big driver of wealth creation and happens in a longer, more complex way...

Federal officials are reportedly considering an antitrust review of major U.S. homebuilders, particularly around how competitors share information through groups like the Leading Builders of America.

California's new SB 25 statute creates a mandatory state-level premerger notification requirement for Hart-Scott-Rodino filers with California connections, effective January 1, 2027.

On December 15, 2023, the Fifth Circuit remanded to the FTC its order requiring Illumina to divest its re-acquired subsidiary, Grail.

On January 10, 2025, the Federal Trade Commission (FTC) issued its usual annual announcement to increase the Hart-Scott-Rodino (HSR) Act thresholds.

The Third Circuit Court of Appeals held that Merck is exempt from antitrust claims under the Noerr-Pennington doctrine in a lawsuit accusing it of deceiving the government...

In an opinion written by Judge Easterbrook, and a major win for per se no-poach claims, the Seventh Circuit has vacated a district court's dismissal of a Sherman Act

The FTC's challenge of Altria's investment into its e-cigarette competitor JUUL Labs, Inc. (JLI) already raised interesting antitrust and administrative law...

The twists and turns of the various antitrust challenges to the proposed Illumina/Grail merger have provided antitrust practitioners numerous lessons the last two years.

In the antitrust world in 2022, stories about Big Tech, government enforcement, and merger challenges dominated the headlines. But in putting together the 2023 edition of Antitrust...