5 Trends To Watch: 2025 Antitrust & Competition Law

On January 18, 2022, the U.S. Department of Justice ("DOJ") and Federal Trade Commission ("FTC") jointly announced their intention to begin a sweeping rewrite of their merger guidelines...

On Friday, July 9, 2021, President Biden issued Executive Order (EO) 14036, "Promoting Competition in the American Economy".

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.

The U.S. Department of Justice (DOJ) has significantly escalated its antitrust investigation into Nvidia Corp., the world's leading AI chipmaker, by issuing subpoenas not only to Nvidia but also to third-party companies.

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...

The Federal Trade Commission’s 2024 amendments to the Negative Option Rule (commonly called “Click-to-Cancel”) may have been vacated by the Eighth Circuit for failing to comply with required rulemaking procedures...

Major antitrust developments from August 2026 span multiple jurisdictions, including U.S. court rulings on oil price-fixing and printer cartridge restrictions, FTC quantum computing merger reviews...

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.

Elon Musk's lawsuit against OpenAI and Microsoft has entered a critical second phase, shifting from questions about nonprofit mission betrayal to antitrust and competition law issues.

This quarterly update examines key antitrust developments in life sciences during Q3 2026, including the FTC's investigation of Boston Scientific's $14.5 billion Penumbra acquisition, the DOJ's record $250 million HSR penalty against KKR, and European regulatory actions involving Sanofi and Align Technology. The analysis also explores the UK's pro-innovation approach to healthcare AI regulation and its implications for the medical device industry.

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?

U.S. consulates across India have begun cancelling and automatically rescheduling H-1B and H-4 visa appointments (often 90 to 120 days later)...

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle

China has proposed adding 40 technologies to its export control catalogue, targeting AI, biopharmaceuticals, and photovoltaics with new restrictions that distinguish platform ownership from product licensing. The amendments create a framework separating reusable capabilities from their applications, requiring companies to navigate complex registration requirements while structuring deals around deliverable rights.

The U.S. Department of State's November 2026 Visa Bulletin brings forward movement in several family-sponsored and employment-based immigrant visa categories, with significant advances for certain countries and preference levels. USCIS has confirmed that applicants in all preference categories may use the Dates for Filing chart to determine eligibility for adjustment of status applications, potentially allowing earlier filing for those whose priority dates fall before the applicable cut-off dates.

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.

California's Climate Corporate Data Accountability Act (SB 253) establishes a November 10, 2026 deadline for Scope 1 and Scope 2 greenhouse gas emissions reporting, affecting U.S.-formed entities with over $1 billion in revenue that meet California's "doing business" test—regardless of physical presence in the state. The law carries penalties up to $500,000 per reporting year for non-compliance, with mandatory program fees and future Scope 3 reporting requirements on the horizon.

The Federal Trade Commission is exploring whether digital platforms should bear greater responsibility for preventing impersonation ads that falsely pose as legitimate businesses or government agencies. Through an Advance Notice of Proposed Rulemaking, the agency seeks public input on potential amendments to its existing Impersonation Rule, examining how ad-optimization tools and platform practices...

U.S. embassies and consulates worldwide continue to pause immigrant visa interviews two months after the State Department mandated public charge training for consular officers. The new DHS public charge rule, which took effect in September 2026, eliminates the 2022 regulatory framework and allows officers to consider a broader range of factors when evaluating whether applicants are likely to become public charges. Consulates are now sharing detailed interview guidance covering housing, employment, health in

The U.S. District Court for the District of Columbia has preliminarily enjoined the Department of War from enforcing WuXi AppTec's Section 1260H designation, finding the agency misread its evidence on state and military affiliation. However, this ruling does not close alternative pathways to biotechnology company of concern (BCC) designation under the BIOSECURE Act, and earlier supply-chain restrictions continue to drive near-term compliance decisions with a critical June 30, 2027 deadline for sub-tier supp