Category: General

By  Sean P. McConnell, Christopher H. Casey and Kirk Williams McLeod

On June 29, 2026, in Trump v. Slaughter, the U.S. Supreme Court held that the president may fire Federal Trade Commission commissioners at will, ruling that the statutory “for-cause” removal protections for commissioners are unconstitutional. In doing so, the Court expressly overruled its 1935 decision Humphrey’s Executor v. United States and confirmed that principal officers who exercise executive power must be removable by the president at will.

Read the full Alert on the Duane Morris LLP website.

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.

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.

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.