The Intersection Of Technology And Antitrust

The U.S. Department of Justice recently closed its investigation into a merger between two leading sales enablement software providers, citing AI competition as a key protective factor against potential competitive harm. This decision offers important insights into how antitrust agencies are evaluating AI-native companies as competitive constraints and implementing more efficient, targeted merger review processes in technology sector transactions.

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.

On May 13—and more than ten years after Federal Trade Commission v. Actavis, the leading U.S. Supreme Court case on reverse payment settlements...

National attention has increasingly focused on the proper role of antitrust law in regulating labor markets. Much has been written about the possibility of stricter merger enforcement

The American Bar Association’s recent Antitrust in Healthcare Conference brought together enforcers, academic researchers, economists, and members of the bar for a lively, wide-ranging discussion...

The Department of Justice's recent settlement with Agri Stats and remarks by Acting Deputy Assistant Attorney General Daniel Glad signal a new era of heightened antitrust scrutiny for companies sharing competitively...

The Federal Trade Commission issued warning letters to 42 law firms regarding potential antitrust concerns tied to participation in Diversity Lab's "Mansfield Certification" program...

A coalition of 48 AGs led by Connecticut AG William Tong reached separate settlements with Lannett Company, Inc. ("Lannett")...

The European Union's (EU) "Thrive In The Metaverse" initiative for regulating the metaverse is intended to prepare Europe for the age of crypto and web3.

On January 10, 2025, the Department of Justice and the Federal Trade Commission filed a statement of interest in Musk v. Altman, signaling a late push by the government...

As outlined above, the Amendments will significantly tighten regulations on managers of funds marketed to Japanese investors.

On September 18, the Office of the Australian Information Commissioner ("Commissioner") and the Commonwealth Scientific and Industrial Research Organization's Data61 released...

Companies are advised to confirm whether any changes should be made to their current practice of applying for patents and trademarks in light of the newly introduced procedures.

Government Announces Bill For Mandatory Data Breach Notification Scheme

On April 1, the Office of the Australian Information Commissioner updated the Australian Privacy Principles ("APP") Guidelines.

China's State Council recently published new merger control notification thresholds doubling the previous China revenue thresholds in an amended Regulation on Notification Thresholds for Concentrations of Business Operators (the "Regulation"), the first time since the Chinese Anti-Monopoly Law ("AML") came into effect in 2008.

The most debated aspect during the consultation process was compliance with the retention requirements in the context of transactions where SPVs grant loans to entities other than individuals and microenterprises.

The Securities and Exchange Commission has proposed Regulation Crypto Assets, establishing exemptions from registration requirements for crypto asset offerings and creating a safe harbor mechanism for projects to transition out of securities law obligations. The regulation introduces a two-tiered framework with startup offerings up to $5 million and larger fundraising offerings up to $75 million, while providing tailored disclosure requirements and preempting state securities laws.

The GEM listing activities in Hong Kong have been declining since 2019, and there was no new listed issuer on the GEM in 2022.

On June 15, 2020, the Japanese government implemented new regulations that designate the manufacture of pharmaceuticals for infectious diseases and the manufacture ...