Antitrust Law Blog

On February 12, 2026, the United States District Court for the Eastern District of Texas vacated the FTC’s 2024 rule that substantially expanded premerger notification requirements under the Hart-Scott-Rodino (HSR) Act in Chamber of Commerce of the United States of America, et al., v. Federal Trade Commission. The decision is an important development for companies engaged in mergers and acquisitions, as it potentially invalidates requirements that have nearly tripled the time and expense associated with HSR filings.

Read the full Alert on the Duane Morris LLP website.

February 13, 2026February 13, 2026 by Duane Morris

Major Multistate Cannabis Operators Face First-of-Their-Kind Antitrust Claims

By Sean P. McConnell, Wayne A. Mack, Christopher H. Casey, Paul P. Josephson, Tracy Gallegos, Michael D. Schwamm, and James Hearon

The Ohio attorney general recently filed an unprecedented state antitrust enforcement action against nine of the nation’s largest multistate cannabis operators. The complaint alleges these defendants formed illegal cartels through reciprocal supply agreements, competitively sensitive information exchanges and discriminatory distribution practices designed to exclude independent Ohio cannabis operators from the market and artificially inflate consumer prices. The complaint seeks injunctive relief, civil forfeitures of $500 per day per defendant for each day the alleged combinations were in effect, and attorneys’ fees.

Read the full Alert on the Duane Morris LLP website

January 15, 2026January 15, 2026 by Sean P. McConnell

FTC Announces Increased Reporting Thresholds for 2026 Under the Hart-Scott-Rodino Antitrust Improvements Act

On January 14, 2026, the Federal Trade Commission announced increases to the jurisdictional thresholds for premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act. The FTC adjusts the thresholds annually, consistent with changes to gross national product. The announced changes will become effective for filings made or transactions closing 30 days after publication of the revised thresholds in the Federal Register.

Read the full Alert on the Duane Morris LLP website.

December 16, 2025December 16, 2025 by Duane Morris

NASCAR & Racing Teams Settle Antitrust Dispute

On December 11, 2025, NASCAR settled an ongoing and closely watched antitrust trial brought by two racing teams, 23XI Racing (co-owned by Michael Jordan) and Front Row Motorsports, in the U.S. District Court for the Western District of North Carolina. The settlement was announced after the plaintiffs had presented their case-in-chief and following testimony from several high-profile witnesses, including Jordan. The financial terms of the settlement have not been publicly disclosed, but the agreement aims to provide a more equitable business framework for teams in the sport.

Read the full Alert on the Duane Morris website.

October 24, 2025 by Duane Morris

State AGs Move to Intervene in Federal Oversight of DOJ’s $14 Billion Merger Agreement

On October 14, 2025, a coalition of 13 state attorneys general, including those from California, New York, Massachusetts and Illinois, filed a motion seeking to intervene in the Tunney Act review by the United States District Court for the Northern District of California of the U.S. Department of Justice’s (DOJ) settlement that allowed the $14 billion merger between Hewlett Packard Enterprise (HPE) and Juniper Networks to proceed.

Read the full Alert on the Duane Morris website.

September 10, 2025September 10, 2025 by Duane Morris

FTC Abandons Appeals of Decisions Striking Down Its Noncompete Rule, but Restrictive Covenants Remain an Enforcement Priority

The Federal Trade Commission (FTC) has formally abandoned its appeals in Ryan, LLC v. FTC (5th Cir.) and Properties of the Villages v. FTC (11th Cir.), effectively conceding the vacatur of its proposed nationwide ban on noncompete agreements. While this decision confirms that the FTC’s sweeping noncompete rule will not take effect, employers should not interpret the move as a retreat from scrutiny of post-employment restrictive covenants. On the contrary, recent enforcement actions and policy initiatives suggest that the FTC will continue to pursue noncompetes and similar labor market restrictive covenants through alternative strategies. Read the full Alert on the Duane Morris website.

September 8, 2025September 8, 2025 by Duane Morris

Mitigating the Risk of AI Pricing Tool Noncompliance with FTC Act

Duane Morris special counsel Justin Donoho authored the Journal of Robotics, Artificial Intelligence & Law article, “Ten Design Guidelines to Mitigate the Risk of AI Pricing Tool Noncompliance with the Federal Trade Commission Act, Sherman Act, and Colorado AI Act.” The article is available here and is a must-read for corporate counsel involved with development or deployment of AI pricing tools.

July 10, 2025 by Duane Morris

DOJ Antitrust Division Offers New Incentives for Reporting Antitrust Violations

The Department of Justice’s Antitrust Division has officially launched its first-ever Whistleblower Rewards Program through a memorandum of understanding with the United States Postal Service and the U.S. Postal Service Office of Inspector General. This new program offers monetary rewards of up to 30 percent of criminal fines recovered for individuals who provide information leading to successful antitrust prosecutions of at least $1 million in fines. Read the full Alert on the Duane Morris LLP website.