Articles Posted in antitrust

Introduction On August 8, 2025, the U.S. Department of Justice (DOJ) announced a landmark proposed settlement with Greystar Management Services LLC, the largest landlord in the United States, to address allegations of anticompetitive practices in the rental housing market. This settlement targets Greystar’s use of algorithmic pricing schemes that allegedly stifled competition and drove up…

Introduction On August 7, 2025, the U.S. Department of Justice (DOJ) Antitrust Division, along with state co-plaintiffs from Maryland, Illinois, New Jersey, and New York, announced a proposed settlement to resolve their challenge to UnitedHealth Group Incorporated’s $3.3 billion acquisition of Amedisys Inc. This settlement, which requires the divestiture of 164 home health and hospice…

The U.S. Department of Justice (DOJ) Antitrust Division, under the Biden administration, filed a civil antitrust lawsuit on January 10, 2025, to block American Express Global Business Travel’s (Amex GBT) $570 million acquisition of CWT Holdings LLC. The case was dismissed by the DOJ in July 2025, just before a scheduled trial in September 2025,…

If your company is filing a premerger notification form with the Department of Justice and Federal Trade Commission, do not forget to simultaneously file with relevant states that have enacted premerger notification laws. The first two states to enact these laws are Washington and Colorado. Washington Premerger Notification Law As of July 27, 2025, federal…

The U.S. Department of Justice (DOJ) reached a settlement with Hewlett Packard Enterprise (HPE) and Juniper Networks on June 28, 2025, resolving concerns over HPE’s $14 billion acquisition of Juniper Networks. The settlement required HPE to divest its Instant On wireless networking business and license Juniper’s Mist AI software source code to independent competitors to…

Introduction Under the Biden administration, U.S. antitrust agencies, particularly the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC), took a hardline stance against negotiated merger remedies. Instead of settling, they often challenged mergers outright or allowed deals to close without formal conditions, expressing doubts about the effectiveness of remedies like structural…

The Department of Justice’s (DOJ) decision to challenge Hewlett Packard Enterprise’s (HPE) $14 billion acquisition of Juniper Networks is misguided and threatens innovation and U.S. competitiveness.  Gail Slater, the newly confirmed Assistant Attorney General for the DOJ’s Antitrust Division, should reconsider this decision and assess its broader implications for competition, innovation, and national interests. Facing…

McDonald’s arguments were limited because of past decision in Deslandes.  In Deslandes, the court held that the plaintiff employees plausibly alleged that the franchises’ no-poach restraints could be found unlawful under a quick-look analysis so McDonald’s did not move to dismiss for failure to state a claim.  The Northern District court rejected McDonald’s argument that the…

On February 18, 2020, a group of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) raising concerns that the divestiture of Allergan plc’s (“Allergan”) pipeline drug, brazikumab, will not succeed unless the FTC addresses AbbVie’s use of rebate walls. Consumer Group Concerns Regarding Rebate Walls and…

On January, 17, 2020, smaller rivals such as PopSockets, Basecamp, Sonos, and Tile testified to the the House antitrust subcommittee about how they have been bullied by big tech giants such as Google, Apple, Facebook, and Amazon and called for swift action. According to the New York Times, the smaller rivals, which have largely been…