Antitrust Law

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The Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”), as amended, requires all persons contemplating certain mergers or acquisitions that meet or exceed the jurisdictional thresholds (shown below) to file a premerger notification (an “HSR Filing”) with the Federal Trade Commission (“FTC”) Premerger Notification Office and the Department of Justice (“DOJ”) Antitrust Division and to wait a period of time before consummating the transaction.

Each fiscal year, the jurisdictional filing thresholds are adjusted to reflect the percentage change in…
Continue Reading FTC Announces Annual Hart-Scott-Rodino Premerger Notification Filing Thresholds Increase for 2026

In a decision that appears to have provided the beginnings of a roadmap to the future of student athlete compensation, the Supreme Court issued a unanimous 9-0 ruling in favor of the players in NCAA v. Alston. Following the ruling, the NCAA may no longer restrict schools from offering education-related compensation and benefits, which include cash awards for academic achievement, graduate degree and vocational school scholarships, computers, and laptops. While the Court only considered the narrow issue of restricting…
Continue Reading NCAA v. Alston: A ‘Buzzer-Beater’ Victory for College Athletes

In 2016, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued anti-trust guidance treating no poach or wage fixing agreements as possible criminal violations of the Sherman Act. Two health care related entities have now become the first to face criminal prosecutions under the 2016 Guidance.

Sherman Act
Very broadly, the Sherman Act, which was passed in 1890, is one of the core federal antitrust laws. It prohibits “every contract, combination, or conspiracy in restraint of…
Continue Reading Criminal Prosecutions Have Begun for No Poach Agreements and Wage Fixing Violations