A recent case commenced by the Federal Trade Commission (FTC) challenging a merger directly in federal court has contradicted longstanding expectations regarding the agency’s merger enforcement process.

The FTC has generally used Section 13(b) of the Federal Trade Commission Act[1] to obtain preliminary injunctive relief in merger challenges in federal court, but it has also utilized its authority to continue these litigations administratively. This…

Read More FTC Foregoes Administrative Proceeding Option, Indicating Procedural Changes to Merger Enforcement are Underway

The FTC has reverted its Hart-Scott-Rodino (“HSR”) premerger reporting requirements to the pre-February 2025 form.

In February 2025, the FTC instituted new, more burdensome reporting requirements on parties to a merger or acquisition (“New Rules”).  But last month, a Texas federal district court vacated the New Rules, holding that the FTC lacked authority to promulgate the requirements and that the requirements were arbitrary and capricious. …

Read More FTC Reverts to Long-Standing HSR Reporting Requirements

In President Trump’s second term, the Department of Justice Antitrust Division has demonstrated its antitrust enforcement priorities through relatively frequent filing of Statements of Interest. The 13 Statements filed in 2025 represent a clear uptick from the 7, 8, and 9 Statements filed under the Biden Administration in each of 2022, 2023, and 2024, respectively, marking the highest annual total since President Trump’s first term…

Read More Uptick in DOJ Antitrust Division Statements of Interest

Last week, a Texas federal district court vacated the Federal Trade Commission Final Rule from 2025 that expanded the information companies must include in Hart-Scott-Rodino (“HSR”) premerger notifications.[1]

The Final Rule, which went into effect in February 2025, greatly increased reporting burdens on parties to a merger or acquisition, including by requiring parties to provide narrative descriptions of their transaction rationale; produce all transaction-specific…

Read More District Court Vacates HSR Reporting Requirements

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Clients turn to Wiggin and Dana’s Antitrust and Technology Disputes Practice Group because of our broad experience litigating and advising on a wide variety of complex antitrust and technology issues.
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