sean mcconnell – Antitrust Law Blog

State legislatures across the country are reshaping the legal landscape for healthcare market transactions at an unprecedented pace—and with significant variation from jurisdiction to jurisdiction. Laws expanding premerger visibility into healthcare deals, requiring greater ownership and affiliation transparency, restricting private equity involvement in clinical enterprises, recalibrating certificate of need frameworks and limiting post-employment noncompete agreements for physicians and other clinicians are proliferating at the state level. While federal scrutiny of healthcare transactions remains significant, state-level legislation increasingly imposes independent obligations that may alter deal planning, governance structures and employment arrangements.

To support planning and compliance, Duane Morris has created an interactive map tracking enacted state measures aimed at tightening oversight of healthcare consolidation, limiting noncompete agreements and curbing private equity influence.

Read the full Alert and view the interactive map on the Duane Morris LLP website.

June 4, 2026June 5, 2026 by Duane Morris

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

March 13, 2026March 13, 2026 by Duane Morris

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.

March 11, 2026March 11, 2026 by Sean P. McConnell

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.

March 2, 2026March 2, 2026 by Duane Morris

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.

February 18, 2026February 18, 2026 by Duane Morris

Read the Duane Morris Antitrust Class Action Review 2026

By Gerald L. Maatman, Jr., Jennifer A. Riley and Sean McConnell

Class action litigation involving antitrust claims had several key developments in 2025, despite a relative lack of actual verdicts. Because antitrust remedies often allow recovery of treble damages, the incentive to settle these cases is often paramount. Additionally, plaintiffs are entitled to reasonable attorneys’ fees that may be substantial because of the complexity of this kind of litigation. As a result, most antitrust class actions are settled before trial, and one of the most crucial phases in these cases is class certification. Thus, the order granting or denying a motion to certify a class in these cases is critical.

Click here to bookmark or download a copy of the Antitrust Class Action Review – 2026 e-book.

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.