There has been a nationwide shortage of infant formula following a recall and temporary closure of a major infant formula manufacturing facility in February 2022. This facility supplied as much as 40% of the nation’s infant formula. In the wake of
The Antitrust Law Blog, published by Sheppard, Mullin, Richter & Hampton LLP, covers developments and analysis in antitrust and competition law. It addresses regulatory changes, enforcement actions, and legislative updates affecting various industries, including healthcare, technology, and government contracting. The blog discusses federal and state antitrust enforcement trends, merger review processes, algorithmic pricing regulations, and the impact of executive orders on competition policy. It also examines the intersection of antitrust law with regulatory frameworks and policy shifts, providing insights into compliance, litigation, and transactional considerations for businesses and legal practitioners.
Procurement Collusion Strike Force
The Procurement Collusion Strike Force, formed by the Department of Justice in 2019, is ramping up enforcement pressures against government contractors. The Strike Force brings together the DOJ Antitrust Division criminal offices, state Attorneys General,…
The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational basis” test.[1]…
On February 9, the Treasury Department issued a report analyzing competition in the US alcohol industry (defined as beer, wine, and spirits), which outlined several proposed reforms aimed at improving competition in the sector.…
On January 24, 2022, the Federal Trade Commission announced revised, higher thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. The filing thresholds are revised annually, based on the change in Gross…
President Biden recently wrote a letter to FTC Chair Lina Khan urging the Commission to immediately investigate potential anticompetitive behavior in the oil and gas sector. The President noted that gas prices have been rising, while the costs faced by…
Last month, Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) fired the latest and perhaps most high-profile legislative salvo against Big Tech to date – the proposed American Innovation and Choice Online Act. This Senate bill would update the…
FTC announces that its merger enforcement orders will once again require prior approval before the subject firm can make a future acquisition affecting any relevant market for which a violation was alleged.
On October 25, 2021, the FTC issued a…