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 preventing brand-name manufacturers from delaying generic competition. Companies that have received warning letters should review their current listings, especially the underlying claims in the patents, and seek legal counsel to ensure compliance.
Washington State Enacts Merger Review Regime
Washington is the first state to enact the Uniform Antitrust Premerger Notification Act, which requires merging parties that submit a federal filing under the Hart-Scott-Rodino (HSR) Act to also submit the HSR filing to the Washington attorney general if the deal has a sufficient nexus to Washington. Many states have merger notification requirements for certain industries, but Washington is the first state to enact a merger reporting policy that applies to all industries and includes significant penalties for noncompliance.
DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial
On April 14, 2025, a federal jury convicted a home health agency executive in a wage-fixing conspiracy under the Sherman Act, marking the US Department of Justice’s (DOJ) first-ever criminal antitrust labor market trial conviction. This conviction marks a significant milestone in antitrust enforcement, highlighting the government’s commitment to addressing labor market wage-fixing and no-poach agreements, and underscores the need for companies to ensure compliance with antitrust laws to avoid legal risks.
Antitrust Under Trump: April 2025 Updates
The Trump administration’s antitrust landscape continues to develop with key changes in industry and policy priorities, remedy expectations, and agency personnel. Among the updates, Mark Meador was confirmed as a commissioner of the Federal Trade Commission, President Trump signed an executive order to eliminate anticompetitive regulations, and the Department of Justice is partial to populist antitrust with the “America First” movement. These changes signal a shift in antitrust enforcement, with a focus on reducing regulatory burdens and addressing competitive issues in key sectors like healthcare, transportation, and entertainment.
Heard at the 2025 Antitrust Law Section Spring Meeting
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 enforcement and continued consumer protection activity – regardless of changes in administration.
