Elai Katz
Subscribe to Elai Katz's PostsElai Katz is a strategic antitrust lawyer with over two decades of experience handling mergers and acquisitions, litigation, counseling and government investigations. He represents buyers and sellers across a range of industries, including financial services, insurance, healthcare, life sciences, online retail, beverage, airline, and media and telecommunications. Read Elai Katz's full bio.
Fifth Circuit grants temporary stay preserving 2024 HSR rules
By Royce Brosseau, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Elai Katz and Ryan Tisch on Feb 20, 2026
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On February 19, 2026, the US Court of Appeals for the Fifth Circuit granted the Federal Trade Commission’s (FTC) motion to temporarily stay the US District Court for the Eastern District of Texas’s order vacating the 2024 Hart-Scott-Rodino (HSR) Premerger Notification Rules “until further order” while the parties brief the FTC’s motion to stay the...
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Federal court vacates FTC’s new HSR rules
By Royce Brosseau, Jon B. Dubrow, Noah Feldman Greene, Gregory E. Heltzer, Elai Katz and Ryan Tisch on Feb 13, 2026
Posted In DOJ Developments, FTC Developments, Mergers & Acquisitions
On February 12, 2026, the US District Court for the Eastern District of Texas set aside and vacated the Federal Trade Commission’s (FTC) new premerger notification form and instructions. The 2024 Final Rule that amended the Premerger Notification Rules under the Hart-Scott-Rodino (HSR) Act, which became effective February 10, 2025, requires merging parties to submit...
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FTC Revives Orange Book Listing Challenges
By Elai Katz, Lisa P. Rumin and Betty Zhang on Jun 4, 2025
Posted In FTC Developments, Healthcare Antitrust
On May 21, 2025, the Federal Trade Commission (FTC) issued its third round of warning letters – and its first under the Trump administration – against pharmaceutical manufacturers challenging their allegedly improper patent listings in the Food and Drug Administration’s Orange Book. The FTC’s action aims to ensure fair competition and lower healthcare costs by...
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Heard at the 2025 Antitrust Law Section Spring Meeting
By Lisa P. Rumin, Reese Poncia, Anthony S. Ferrara, Elai Katz, Megan Ingram, Royce Brosseau, Claire Danberg, Betty Zhang and Alex Grayson on Apr 10, 2025
Posted In Cartel Enforcement, Consumer Protection/Privacy, DOJ Developments, EC Developments, FTC Developments, Healthcare Antitrust, Mergers & Acquisitions
The American Bar Association Antitrust Law Section held its annual Spring Meeting from April 2 to 5 in Washington, DC, where federal, state, and international antitrust enforcers shared key updates and enforcement priorities. At the Spring Meeting, antitrust agencies signaled continued scrutiny of mergers, noncompete agreements, and Big Tech – plus an uptick in state-level...
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States Want in on the Merger Review Fun
By Jon B. Dubrow, Elai Katz and Betty Zhang on Aug 8, 2024
Posted In DOJ Developments, FTC Developments, Healthcare Antitrust, Joint Ventures/Competitor Collaboration, Mergers & Acquisitions
WHAT HAPPENED While they have long taken a back seat to federal merger reviews, US states are becoming increasingly involved in merger reviews, including potentially requiring premerger notifications on a broad scale. On July 24, 2024, the Uniform Law Commission adopted its Uniform Antitrust Pre-Merger Notification Act (Model Act) as model legislation for states to...
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How Orange Book Antitrust Scrutiny Is Intensifying
By Elai Katz, Lisa P. Rumin and Betty Zhang on Aug 1, 2024
Posted In FTC Developments, Healthcare Antitrust, IP Antitrust, Monopolization/Abuse of Dominance
Pharmaceutical patent holders beware: Over the past year, antitrust enforcers have taken a more aggressive approach challenging Orange Book listings as an anticompetitive practice. According to the Federal Trade Commission, improperly listing patents in the Orange Book constitutes an unfair method of competition, among other violations. In this article, Elai Katz, Lisa Rumin and Betty...
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