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Jared Nagley is a partner in the Antitrust and Competition Practice Group in the firm's New York office.

The Federal Trade Commission (“FTC”) has turned the antitrust lens inward, examining and recommending removal or revision of federal regulations it deems as potential barriers to entry and innovation. In a letter to the Office of Management and Budget (“OMB”) dated September 16, 2025, Chairman Andrew N. Ferguson identified more than 125 regulations that, in his view, restrict entry, entrench incumbents, or otherwise distort competition (the “Ferguson Letter”). The recommendations were issued pursuant to Executive Order 14267, which directs agencies to reduce anticompetitive regulatory barriers.Continue Reading FTC Recommends Rollback of Anticompetitive Regulations

State oversight of healthcare transactions is continuing to undergo a significant transformation. As tracked in our updated Healthcare Merger Matrix, the number of states implementing or considering expanding antitrust laws targeting proposed deals continues to rise.[1] For instance, Washington and Colorado’s premerger notification laws went into effect on July 27 and August 6, 2025, respectively, and Indiana recently modified its existing transaction notice law to exempt certain practitioner-owned practices.[2] Additionally, New Mexico enacted a permanent version of its temporary transaction notification law with enhanced oversight and enforcement.[3]Continue Reading State Antitrust Enforcement Roundup: Updates to Healthcare Merger Matrix; New Potential Legislation Targeting Private Equity and Other For-Profit Entities in Healthcare

On August 13, 2025, President Trump revoked the Biden Administration’s 2021 Executive Order (Promoting Competition in the American Economy).Continue Reading Trump Revokes Biden Administration’s Executive Order on Antitrust & Competition but other Biden Administration Antitrust Policy Changes Remain in Place

The number of U.S. states implementing or considering new antitrust laws (or supplementing existing laws) targeting proposed transactions continues to grow. As detailed in our healthcare merger matrix, many states have focused their attention on the healthcare industry, and that continues to be the case, for example, in New York, where a broad range of proposed transactions involving health care entities could be subject to filing requirements and suspensory rules before they can close.Continue Reading State Antitrust Enforcement Roundup: New Laws; New Potential Legislation; and New (and Broader) Areas of Focus

A proposed amendment to New York’s Donnelly Act, introduced earlier this month, would significantly broaden the scope of the antitrust statute enacted in 1899. New York Senate Bill 335, titled the “Twenty-First Century Anti-Trust Act” seeks to modernize the State’s antitrust laws to address “New York’s great concern with the growing accumulation of power in the hands of dominant corporations that undermines the power of workers, consumers, and small businesses.” If passed, it would be one of, if not the most, aggressive set of state antitrust laws to date, and arguably more akin to antitrust jurisprudence in the European Union than the United States under the Sherman Act.Continue Reading Amending New York’s Donnelly Act: If at First You Don’t Succeed, Try, Try, and Try Again

President Trump was sworn into office on Monday, promising swift action on several fronts. There is already a new Federal Trade Commission (“FTC”) Chair, Andrew Ferguson, with former FTC Chair Lina Khan expected to step down shortly. At the Department of Justice, Antitrust Division (“DOJ”), proposed AAG Gail Slater will need to be confirmed by the Senate before she can take the helm.Continue Reading Looking Back and Looking Forward: Healthcare Antitrust in a New Administration: What Stays the Same and What Changes?

Republican and Democrat candidates alike have promised along the campaign trail that they will work to address the costs of everyday essentials for American consumers, particularly for food. One of the centerpieces of the Harris-Walz campaign is enacting “the first-ever federal ban on price gouging on food and groceries”[1] and the Trump-Vance campaign has decried the rising price of eggs as a byproduct of the Biden Administration’s economic policies.[2] Candidates’ focus on the checkout counter is unsurprising given reports that rising prices are one of voters’ top concerns this election cycle. And while the Consumer Price Index indicates that the current rate of inflation is 2.4% and on a downward trend,[3] certain data show that the price for food has increased by an average of 25% across urban cities in the United States since 2020.[4]Continue Reading Campaign Promises to Address Rising Prices at the Grocery Store Signal Stronger Price Gouging Investigations, Enforcement Actions, and Prohibitions to Come

Leading up to the U.S. presidential election this November, our Antitrust & Competition team will offer thoughts and insights into what antitrust enforcement will look like under the next presidential administration. While there is at least some uncertainty regarding antitrust enforcement under either a Harris or Trump administration, there is no doubt that the current Biden administration has been extraordinarily active.Continue Reading Election 2024 Coverage: Examining the Future of Healthcare and Antitrust