Sky Blog
On August 26, the Department of Justice announced a proposed settlement to resolve allegations that private equity firm KKR failed to file complete, accurate, and timely premerger filings under the Hart-Scott-Rodino Act in connection with several transactions during 2021 and …
On July 23, 2026, the U.S. Department of Justice Antitrust Division (DOJ) announced that it would revive targeted Second Request investigations and published a revised model timing agreement.[1] Merging parties that agree to DOJ’s timing agreement during a Second …
In Verisk Analytics, Inc. v. ExactLogix, Inc., the Delaware Court of Chancery held in a post-trial opinion that a buyer’s termination of a commercial relationship with the target’s competitor constituted “willful conduct” that was the “primary cause” of …
Debates over Big Tech M&A often focus on “killer acquisitions,” where a dominant firm buys a startup in order to eliminate a future rival. A more subtle and, in some ways, more difficult problem is that innovation can lose momentum …
For the last decade, the legal effort to hold the fossil fuel industry accountable for its climate denialism has been advanced through tort and consumer protection law. Plaintiffs asserted claims of public nuisance and consumer fraud, alleging that “Big Oil” …
In late 2025, when Warner Brothers Discovery (WBD) was actively considering sale of the company, Netflix and Paramount emerged as likely purchasers. Knowing that a merger with either itself or Netflix would raise antitrust concerns, Paramount included in its offer …
A federal district court in Texas has vacated FTC rules that went into effect last year revising the information parties must submit to the antitrust agencies in merger filings submitted under the Hart-Scott-Rodino (HSR) Act. The vacatur will be stayed …
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Key Points
The Federal Trade Commission (“FTC”) has announced revised monetary thresholds for the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (“HSR Act”), as well as adjustments to the HSR filing fees. The revised thresholds were published in the Federal Register on January …
Summary
On November 25, 2025, the DOJ announced that it agreed to settle claims that RealPage, Inc. (RealPage) violated Section 1 of the Sherman Act by unlawfully sharing competing users’ competitively sensitive information for use in competitors’ pricing and by entering …
Over the past three years, courts across the country have evaluated the use of pricing algorithms under the antitrust laws. In 2022, private plaintiffs filed the first of many civil cases involving algorithmic pricing against software provider RealPage and its …
In recent years, state Attorneys General (AGs) have taken a more active approach in antitrust enforcement matters related to mergers and acquisitions. For example, earlier this year, laws in Washington and Colorado requiring parties to submit pre-merger notification filings went …
On October 6, 2025, Governor Gavin Newsom signed into law California Senate Bill No. 763 (SB 763), effective January 1, 2026, which increases the maximum corporate criminal antitrust penalties in California to $6 million and provides for new civil penalties …
The Federal Trade Commission dropped its attempt to ban almost all employer-worker non-compete agreements by rule. It will instead focus on bringing case-by-case enforcement actions.
On September 5, 2025, the Federal Trade Commission (FTC) issued a statement “acced[ing] to the …
As predicted, antitrust merger enforcement under the second Trump Administration exhibits a return to a more restrained approach at both the Federal Trade Commission and the Antitrust Division of the Department of Justice. Most refreshingly, the agencies appear committed …
Following on the heels of last year’s blockbuster Term, the Supreme Court recently concluded another of equal consequence. But even as the Court grappled with contentious issues ranging from birthright citizenship to the process owed deportees, it also issued significant …
In June 2025, Colorado became the second state after Washington State to enact a general premerger notification statute.1 Both statutes require certain parties to transactions that are reportable to the federal antitrust authorities under the Hart-Scott-Rodino Act (HSR Act) …
Earlier this month, the Governor of Colorado signed the Uniform Antitrust Pre-Merger Notification Act (“the Colorado Act”) into law, making Colorado the second U.S. state to enact a broad antitrust pre-merger notification requirement following Washington State in April.…