Chambers USA Recognizes Duane Morris Antitrust Division and Attorneys

Duane Morris LLP is pleased to announce that Chambers USA has recognized Duane Morris’ Antitrust Division and attorneys.

Here’s what clients are saying about our antitrust attorneys:

  • “The team knows the area of law very well. They are very good communicators and keep me informed.”

Pennsylvania

Antitrust

Pennsylvania Attorneys

Edward G. Biester III: Antitrust

Sean P. McConnell: Antitrust

FTC Urged to Regulate Pricing Practices of Online Food Delivery Providers

By Christopher H. Casey and Daniel R. Walworth

A group of 16 state attorneys general recently urged the Federal Trade Commission to issue new rules regulating pricing practices by online food delivery services. The states’ letter, dated May 18, 2026, calls for new rules against pricing practices used by such platforms that, the states allege, are deceptive and harm consumers in their states.

Read the full Alert on the Duane Morris LLP website.

Proposed DOJ Settlement with Data Consultant Includes Sweeping Changes to Data Sharing in Meat Industry

By  Driscoll R. UgarteSean P. McConnell and Taylor Hertzler

On May 7, 2026, the U.S. Department of Justice’s Antitrust Division filed a proposed settlement in the U.S. District Court for the District of Minnesota to resolve claims against Agri Stats Inc. for unlawful information sharing among the nation’s largest meat processors. The settlement aims to dismantle what the government alleges was a decadeslong practice of exchanging competitively sensitive pricing, output and cost data among rival broiler chicken, pork and turkey processors. Stakeholders across the agricultural supply chain—from poultry integrators and hog producers to livestock feed companies and meat buyers—should take note of this enforcement action, which may signal heightened DOJ scrutiny of data-sharing arrangements in the animal agriculture sector.

Read the full Alert on the Duane Morris LLP website.

States Win Antitrust Case Against Live Nation: Lessons from a Landmark Antitrust Case

On April 15, 2026, a federal jury found that Live Nation Entertainment and its Ticketmaster subsidiary violated federal and state antitrust laws. The verdict holds critical lessons for any business relying on vertical integration, exclusive contracts, or data-driven strategies.

The jury concluded that Live Nation unlawfully monopolized multiple live entertainment markets by leveraging its dominant position in concert promotion, venue ownership, and ticketing to foreclose competition. Key evidence showed Ticketmaster controls approximately 86% of primary ticketing at major concert venues, while Live Nation’s promotion arm handles roughly 70%. Internal communications—including references to using a “velvet hammer” against competitors and exerting power over concert-goers by “robbing them blind”—proved particularly damaging.

Continue reading “States Win Antitrust Case Against Live Nation: Lessons from a Landmark Antitrust Case”

Eight State Attorneys General Challenge TV Merger After Federal Approval – What It Means for Your Next Deal

State attorneys general are increasingly challenging federal antitrust settlements and merger approvals—most recently in the $6.2 billion Nexstar/Tegna broadcast television transaction. In addition, congressional Democrats have proposed expanding the Tunney Act to enhance transparency, empower states to continue abandoned federal cases, and constrain merger closings during judicial review. For companies planning strategic transactions, these developments signal that federal clearance alone may no longer end deal risk.

Read the full Alert on the Duane Morris LLP website.

Old HSR Form Returns as Fifth Circuit Rejects FTC’s Bid to Preserve Overhauled HSR Merger Filing Form During Appeal

The FTC’s expanded Hart-Scott-Rodino (HSR) premerger notification form is now no longer required for reportable transactions after the Fifth Circuit denied the FTC’s motion for a stay pending appeal last week, meaning merging parties may immediately revert to the prior, less burdensome HSR filing form.

Key Takeaways

  • Immediate filing relief. Merging parties may now file HSR notifications using the prior, less burdensome form. The FTC has stated it is updating its systems and will continue to accept filings under either form.
  • Signal on the merits. The Fifth Circuit’s refusal to stay the lower court’s order during the appeal may indicate skepticism toward the FTC’s arguments, although the merits appeal remains pending.
  • Continued uncertainty. The FTC’s appeal is still active. If the Fifth Circuit ultimately reverses the district court, the expanded form could be reinstated, potentially with a compliance grace period. Parties should monitor developments closely.
  • Practical planning. Deal teams preparing HSR filings should coordinate with antitrust counsel to determine which form to use. Filing under the prior form will generally be less time-intensive and costly, but parties should consider whether voluntarily using the new form may offer any strategic benefit for transactions likely to receive scrutiny.
Continue reading “Old HSR Form Returns as Fifth Circuit Rejects FTC’s Bid to Preserve Overhauled HSR Merger Filing Form During Appeal”

The Federal Trade Commission Forms Healthcare Task Force to Address Competition in Healthcare Markets

The Federal Trade Commission (FTC) has formed a Healthcare Task Force to focus on competition and consumer protection issues in healthcare markets and to develop policy recommendations aimed at improving healthcare market practices. The memorandum establishing the Task Force describes its mandate, structure and intended workstreams.

Implications for Healthcare Market Participants

The Task Force is intended to provide a more coordinated and systematic framework for the FTC’s work in this sector, aligning enforcement, research and policy to address emerging and persistent issues in healthcare competition and consumer protection.

The memorandum signals that the FTC will continue to prioritize healthcare as a core enforcement and policy area. Market participants – including providers, payers, intermediaries, and other healthcare entities – can expect:

  • Continued scrutiny of transactions, joint ventures and contracting practices that may affect competition.
  • Ongoing attention to representations and business practices that may mislead or harm healthcare consumers.
  • Increased emphasis on policy development and advocacy that may shape future regulatory and enforcement approaches in healthcare markets.
Continue reading “The Federal Trade Commission Forms Healthcare Task Force to Address Competition in Healthcare Markets”

Healthcare Consolidation and Competition State Legislation Tracker: 2025 in Review

State legislatures are increasingly active in reshaping healthcare markets, with 2025 marking a particularly aggressive year for legislative action. Across many jurisdictions, new laws expand premerger visibility into healthcare deals, require greater ownership and affiliation transparency, restrict private equity and management service organization involvement in clinical enterprises, recalibrate certificate‑of‑need (CON) frameworks and curb post‑employment noncompete for physicians and other clinicians. Several measures also address patient‑facing transparency and communications. While federal scrutiny of healthcare transactions and practices remains significant, new state legislation is presenting most immediate changes to deal planning, governance and employment structures. Read the full Alert on the Duane Morris website.

Senate Democrats Introduce Sweeping Meatpacking Industry Legislation with Significant Antitrust Implications

On March 5, 2026, Senate Democrats introduced legislation that would fundamentally restructure the U.S. meatpacking industry. The Family Grocery and Farmer Relief Act proposes mandatory divestitures, cross-protein operation bans, foreign ownership restrictions and new limitations on vertical supply relationships—changes that could affect virtually every major player in the sector.

Read the full Alert on the Duane Morris LLP website.

California’s AB 1776 Would Significantly Expand State Antitrust Law

The California Legislature is currently considering a bill that would substantially expand the scope and enforcement mechanisms of California’s antitrust regime. On January 30, 2026, the California Law Revision Commission officially approved a final legislative proposal to broaden the state’s antitrust statute, the Cartwright Act, to include single-firm conduct and to allow state enforcers to go beyond the federal Sherman Act. While the bill, AB 1776, remains under consideration in the state Legislature, it reflects a broader trend toward more aggressive antitrust regulation and enforcement at the state level, both in California and nationally. Read the Alert on the Duane Morris LLP website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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