This is Part 4 of a four-part series. Start with Part 1, Part 2 and Part 3.
The overruling of Humphrey’s Executor, discussed in Part 1 of this series, addresses presidential removal power, not the constitutionality of administrative
Latest from Antitrust Law Source
Part 2: From independent watchdog to executive branch enforcer: The FTC after Trump v. Slaughter
Established in 1914, the Federal Trade Commission (FTC) was charged with policing “unfair methods of competition” and “unfair or deceptive acts or practices.” Designed to represent more than one political perspective, the FTC Act mandated that there be five commissioners,
Part 1: The end of agency independence? Supreme Court overrules Humphrey’s Executor
Executive summary
On June 29, the Supreme Court overruled a 91-year-old precedent that permitted Congress to protect leaders of certain independent agencies from at-will presidential removal. The decision significantly strengthens presidential control over executive agencies and may signal the end
States’ antitrust enforcement is alive and well: California enacts broad premerger notification requirement
California has enacted a sweeping new premerger notification law that will significantly expand the state’s visibility into M&A activity. On Feb. 10, 2026, Governor Gavin Newsom signed the California Uniform Antitrust Premerger Notification Act (SB 25), making California the
FTC issues its annual revisions to HSR and interlocking directorate
On Jan. 14, 2026, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and certain other values under the HSR rules. The new thresholds will become effective
Current trends in state antitrust enforcement
State antitrust enforcement is becoming increasingly significant, with a diverse array of laws across 51 jurisdictions, including the District of Columbia. State Attorneys General (AGs) are not merely filling gaps left by federal enforcement but are actively shaping the landscape
Navigating the new HSR landscape: Major updates and enforcement actions you need to know
When the words “Hart Scott” or “HSR” are mentioned, business executives and deal lawyers often react with indifference. While they recognize the necessity of HSR compliance before closing a transaction, it typically garners little attention unless the deal is expected
FTC issues its annual revisions to HSR and interlocking directorate
On Jan. 10, 2025, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and certain other values under the HSR rules. The new thresholds will become effective
FTC issues HSR revisions… with a surprise
On Jan. 23, 2023, the FTC announced annual changes to notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act and certain other values under HSR rules. But this time, the annual changes include a radically different tier structure with