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.
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.
FTC Fails to Establish That Social Media Company Has Monopoly Power
On November 18, 2025, after five years of litigation, the United States District Court for the District of Columbia entered judgment in favor of Meta and against the Federal Trade Commission (FTC) in its lawsuit alleging that Meta held and illegally maintained monopoly power in personal social networking through its acquisitions of Instagram and WhatsApp. The decision followed a six-week bench trial that included testimony from high-ranking Meta executives, including Chief Executive Officer Mark Zuckerberg.
