Antitrust

Subscribe to Antitrust via RSS

On May 22, 2025, the U.S. Department of Justice and the Federal Trade Commission (the “U.S. Antitrust Agencies”) filed a Statement of Interest supporting thirteen states’ claims that asset managers violated antitrust and consumer protection law through their environmental, social, and governance (“ESG”) activities. The Statement, which opposes the asset managers’ motion to dismiss the…

Florida Attorney General James Uthmeier is investigating two leading proxy advisors’ advice involving the consideration of ESG and DEI to determine if the advice constitutes deceptive or unfair trade practices under FL law or a violation of FL antitrust law. Click here to read the full alert.

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See the State Attorneys General page for more insights. Here are last week’s updates.

Multistate
• A coalition of 21 state attorneys general sent a letter urging Congress to pass the “No DeepSeek on Government Devices Act,” which will prohibit government devices from using and downloading the artificial intelligence software, DeepSeek. The letter explains that DeepSeek is a national security threat and has links to China Mobile, which has close ties to the Chinese military. DeepSeek has also been blocked on government devices in Canada, Australia, South Korea, and Taiwan.

Continue Reading State AG News: Data Privacy, Labor & Employment, Consumer Protection March 6-12, 2025
  • Key takeaway #1 States and their attorneys general have increasingly prioritized antitrust enforcement and policy, with several adopting or proposing new pre-transaction notice requirements and other more expansive antitrust laws.
  • Key takeaway #2 Early efforts have focused primarily on the healthcare industry, but that focus is poised to expand.
  • Key takeaway #3 The new state laws and proposals stand to complicate regulatory requirements for businesses contemplating mergers and acquisitions, and could expose companies to increased investigations and litigation by public and private entities.
Continue Reading The States Step Up to the Plate: Several States Adopt and Propose New Pre-Transaction Notice Requirements and Other Antitrust Laws

Companies frequently face a multitude of enforcement priorities from federal and state enforcers. Join us as we discuss ways to balance competing enforcement priorities from the federal government along with potentially, 50 different states’ laws and enforcement regimes. Learn the answer to the question “What are some of the priorities companies can expect to see…

Each week, Crowell & Moring’s State Attorneys General team highlights significant actions that State AGs have taken. See our State Attorneys General page for more insights. Here are last week’s updates.

Continue Reading State AG Updates: January 23-February 5, 2025

Key takeaway #1 Expect State Attorney General antitrust enforcement to increase in the coming four years.

Key takeaway #2 Both Democratic and Republican AGs will be active, separately and on a bipartisan basis.

Key takeaway #3 AGs likely to focus on tech, healthcare, consumer goods, labor, and ESG and DEI initiatives.

With the coming of the new presidential administration, state antitrust enforcement is poised to intensify. We expect both Republican and Democratic Attorneys General (AGs) to actively pursue antitrust investigations and litigation. They will fill in where the U.S. Department of Justice and Federal Trade Commission reduce focus but are also sure to work, including on a bipartisan basis, with their federal counterparts. Below, we explore how state AGs are likely to shape the antitrust landscape in the coming four years, and the areas where we anticipate significant enforcement activity.

Continue Reading State Antitrust Enforcement: A Continued Focus on Competition During the New Administration