Antitrust Agency Insights: Developments at the U.S. Antitrust Enforcement Agencies — Third Quarter 2026
Letter From the Editors
Lessons From a Failing Firm: FTC Approves Struggling Fairfield Medical Center Sale
A recent FTC action provides a reminder that even when a transaction involves a target in financial duress, parties need to be mindful of antitrust considerations. On September 1, 2026, Adena Health, a hospital system based in south central and southern Ohio, announced its acquisition of Fairfield Medical Center (FMC), a hospital system in southeastern Ohio, following the attempted acquisition of FMC by OhioHealth, a Columbus-based 16-hospital system. The FTC pushed back against the OhioHealth deal, scrutinizing the plan for two local competitors to create a combined hospital system even though FMC was in financial distress and potentially a “failing firm.”
In a statement announcing the transaction between Adena Health and FMC, the FTC highlighted staff concerns with the OhioHealth deal and noted that “FTC staff encouraged FMC to seek alternative potential buyers through a robust sales process.” Bureau of Competition Director Daniel Guarnera called the standard for asserting the failing firm justification “demanding” and highlighted the agency’s willingness to ask firms “to investigate whether there is a better buyer” if the FTC finds it has “not searched broadly for a buyer[.]”1
Fairfield Medical Center Abandoned Its First Sale
In fall 2024, FMC sought a buyer and found interest from local competitor OhioHealth.2 After OhioHealth and FMC announced their planned combination in November 2025, the FTC opened an investigation into the deal.[[N: On February 20, 2026, the DOJ also filed a lawsuit against OhioHealth, alleging that OhioxHealth used its size and dominance in the market to force insurers into anticompetitive contracts and push out lower-cost health plans from other hospitals. Press Release, U.S. Dep't of Just., Justice Department Sues OhioHealth for Anticompetitive Healthcare Contracts That Increase Costs for Ohio Patients (Feb. 20, 2026). See also, Complaint, United States v. OhioHealth Corp., No. [Dkt. No. 1] (S.D. Ohio filed Feb. 20, 2026).]] The FTC expressed concern about OhioHealth’s purchase of FMC and its potential to increase costs, reduce the quality of care in Ohio, and raise OhioHealth’s share of inpatient hospital admissions in Fairfield County and surrounding areas.
The agency also questioned the process FMC used to find potential buyers and the thoroughness of its search, looking “closely at the process that a financially distressed hospital followed to identify potential buyers.”3 The FTC asked FMC to search for alternative potential buyers, resulting in the abandonment of the OhioHealth transaction and further deteriorating financial situation with FMC reporting an operating loss of more than $37 million in 2025.4
Pushed by the FTC to identify alternative buyers, FMC broadened its search, fielding offers from multiple potential buyers. Adena Health, which does not operate a hospital in Fairfield County or surrounding areas, succeeded.
Elements of the Failing Firm Defense
Courts have recognized the failing firm defense for potentially unlawful mergers as far back as International Shoe Co. v. FTC (1930). As the court later explained, the defense “presupposes that the effect on competition and the ‘loss to [the company’s] stockholders and injury to the communities where its plants were operated’ will be less if a company continues to exist even as a party to a merger than if it disappears entirely from the market.”5
The DOJ/FTC 2023 Merger Guidelines recognize the failing firm defense and note that the parties must satisfy three key elements.6 First, the firm must show a grave probability of business failure. Declining sales or net losses are insufficient. The firm should have evidence of its inability to meet its financial obligations or that it will be unable in the near future. Second, the prospect of restructuring the company through bankruptcy is dim or nonexistent. It is beneficial to show efforts to resolve debt.
The third element — the basis for the FTC’s concerns with FMC’s sale to OhioHealth — is that the buyer, where it is a direct competitor to the failing firm, should be the only available purchaser. In particular, the target is expected to make good faith efforts to solicit multiple buyers and consider alternatives to a potentially anticompetitive offer. That is, an offer that raises competitive concerns is only allowed, under the failing firm defense, if no other offers are available.
Chairman Andrew N. Ferguson outlined best practices for firms when they “shop” for a buyer in a joint statement issued with Commissioner Mark R. Meador following Adena Health’s acquisition of FMC.7 “An otherwise anticompetitive acquisition is justifiable only if the distressed firm — here a hospital — can substantiate that its ‘shop’ process engaged with other buyers that do not present similar competition concerns as the proposed buyer.”8 For example, the Department of Justice’s Antitrust Division closed its investigation into the owner of the Chicago Tribune’s potential acquisition of the Chicago Sun-Times in part because the newspaper launched a public, transparent sale process.9 The chairman and commissioner noted that seeking the highest possible offer is a different objective from searching for a reasonable alternative offer above liquidation value. Premature focus on a single buyer also may be disqualifying. For example, when Scott & White Healthcare sought to acquire King’s Daughters, the only other independent provider of hospital services in Bell County, Texas, the FTC required Scott & White to allow another hospital system the opportunity to conduct due diligence and potentially purchase King’s Daughters on specific terms. When the alternative buyer chose not to acquire King’s Daughters, the FTC closed its investigation because there was no viable alternative purchaser.10 The Commission has cautioned in the past that the financially challenged firm must do more than window shop the assets.11
Key Takeaways
Given the FTC’s scrutiny of FMC’s search for a buyer, firms struggling financially (and their potential acquirers) should be cognizant that the failing firm defense is narrowly applied. Therefore, parties should prepare for scrutiny of acquisitions of distressed competitors, especially those serving rural communities where consolidation may be a concern.
Firms need to perform a “thorough shop process” by conducting a comprehensive search for a buyer. This includes considering the full landscape of buyers before committing to a competitor. A comprehensive search process may include evaluating offers from smaller industry players, avoiding premature focus on a single buyer, and weighing reasonable offers even if not the leading offer (i.e., offers above the liquidation value of the company). If the search process is scrutinized, the FTC likely will prioritize competition preserving offers over more lucrative anticompetitive offers.
Regardless, firms should document the search by compiling evidence of their outreach to potential buyers and evaluations during the decision-making process. Interested buyers should be given equal access to diligence information and sufficient time to evaluate the purchase. The consequence of a seemingly inadequate process may be re-shopping for a suitable buyer.
Failing firms also must substantiate an immediate or near-term inability to meet financial obligations and show efforts to resolve debt with creditors. The FTC has expressed skepticism of failing firms due to firms recovering after a proposed transaction is abandoned in response to agency competition concerns.12 Recent examples of “miraculous recoveries” may make agencies more skeptical of the failing firm defense, and firms should be careful to not exaggerate predictions of imminent failure.
FTC/DOJ Staff Updates
FCC Attorney Nominated for DOJ Antitrust Chief
On July 21, 2026, President Trump nominated the Federal Communications Commission’s general counsel Adam Candeub to the role of Assistant Attorney General in charge of the DOJ’s Antitrust Division. The position is currently vacant, with Acting Assistant Attorney General Omeed Assefi having left the position in June. Candeub previously served as Acting Assistant Secretary and Deputy Associate Attorney General at the DOJ during the first Trump administration.
On September 24, 2026, Candeub’s nomination advanced to the Senate floor.
DOJ’s Dina Kallay Leaves Agency
In late September, Deputy Assistant Attorney General Dina Kallay left her role at the DOJ Antitrust Division. She has served in this role since April 2025. DAAG Kallay previously worked as counsel for intellectual property and international antitrust at the FTC from 2006 to 2013.
FTC Cases and Proceedings
FTC Settles Loyalty Rebate Lawsuit
On September 28, 2026, the FTC settled its 2022 case against Corteva, in which the FTC and 10 states accused the pesticide maker of blocking competition from generic rivals with its loyalty rebates to customers. Under the terms of the settlement, Corteva is required to eliminate its pesticides loyalty program. Specifically, for 10 years, Corteva is prohibited from conditioning payments or other benefits to a distributor on (i) a requirement that the customer purchase more than 50% of its needs of a particular active ingredient; (ii) a requirement that a customer purchase more than 50% of its requirements for a particular active ingredient to qualify for a discount on a different active ingredient or otherwise satisfy two or more share-based requirements to qualify for discounts on a single product; and (iii) a requirement that the customer meet targets in a subsequent year. Tiered volume-based discounts are permitted. In addition, Corteva is required to pay $35 million to settle the states’ monetary claims.
FTC Settlement Prevents Gunmakers from Sharing Board Members
On September 16, 2026, the FTC accepted a proposed consent order that prevents Beretta Holding SA from putting any of its own executives on fellow gunmaker Ruger’s board. The FTC was concerned about interlocking directorates in violation of Section 8 of the Clayton Act due to the competitive overlap resulting from a deal between the gunmakers that will increase Beretta’s stake in the company from 9.95% to up to 25%.
FTC Remarks on the Adena Health and FMC Merger
On September 2, 2026, the FTC announced the transaction between Adena Health and FMC, highlighting the Commission’s role in encouraging FMC to “seek alternative buyers through a robust sales process.” Bureau of Competition Director Daniel Guarnera called the standard for asserting the failing firm justification “demanding” and highlighted the agency’s willingness to ask firms “to investigate whether there is a better buyer” if the FTC finds it has “not searched broadly for a buyer[.]”
FTC Settles Challenge to Redfin, Zillow Deal
On August 24, 2026, the FTC settled its lawsuit against Redfin and Zillow with Redfin agreeing to reenter the listing service market. The FTC claimed that Zillow used a $100 million rental listings syndication deal to force Redfin to exit a market in which the two companies allegedly competed and compel Redfin’s customers to do business with Zillow instead. The settlement requires Zillow and Redfin to unwind the deal and restore Redfin’s online marketplace for multifamily rental properties. The parties must eliminate any terms barring Redfin from owning and independently operating a rental-advertising internet listing service and limiting Redfin’s ability to display its own listings, remove the information-sharing obligations, and modify syndication payments to accommodate re-entry into the market. Redfin has six months to rebuild its services, including operating a working customer portal and billing system, hiring a general manager, salesforce, and support team, and advertising to customers or face escalating penalties and contempt.
SDNY Sides With FTC on Challenge to Construction Adhesive Merger
On August 14, 2026, following a bench trial, a court in the Southern District of New York blocked the proposed $725 million acquisition of a fellow construction adhesive brand Liquid Nails from American Industrial Partners. The FTC filed its suit seeking a permanent injunction to block the deal directly in federal court, alleging that the proposed transaction would eliminate competition between Loctite and Liquid Nails, leading to higher prices, lower quality, and reduced innovation. The court found that the transaction was presumptively unlawful due to the combined company’s high share of the market for construction adhesives in cartridge form sold in the retail channel in the United States.
FTC Commissioners Split on IonQ Acquisition of SkyWater Technology
On July 28, 2026, the Commission granted early termination of its review of quantum computing developer IonQ Inc.’s proposed acquisition of SkyWater Technologies Inc., a quantum chip fabrication company. On July 31, 2026, Chairman Ferguson and Commissioner Meador issued separate statements announcing a split decision. Chairman Ferguson suggested a “behavioral remedy” to address “the short-term risks [that] are potentially acute both to competition and to our national security” and detailed non-discrimination rules, firewalls, and other considerations that the Commission chose not to adopt. Commissioner Meador stated that “the evidence available is insufficient to demonstrate that the effect of the transaction may be to substantially lessen competition, and on the contrary suggests that the transaction would be procompetitive or competitively neutral in its effects.” A split vote means no action could be taken on the transaction.
FTC Settles With Edwards on Reporting Obligation Evasion
On July 13, 2026, Edwards Lifesciences and Singapore’s Genesis Medtech agreed to pay a combined $12 million to settle claims from the FTC that Edwards evaded its merger reporting obligations when acquiring medical device maker JC Medical from Genesis in 2024. The Commission alleged the transaction was structured to avoid reporting requirements in order to clear the way for Edwards to pursue a separate deal for JC Medical’s competitor, JenaValve Technology. The FTC successfully challenged the $945 million JenaValve deal last year.
FTC Settles With John Deere Allowing Right to Repair
On July 8, 2026, the FTC settled its lawsuit against John Deere, which alleged the company limited access to a fully functioning software tool to only Deere’s network of authorized dealers, which restricted the ability of independent repair shops and farmers to repair Deere equipment. The settlement requires John Deere to provide farmers and independent repair providers with the same equipment repair resources, including applicable software capabilities, that it currently provides to authorized Deere dealers.
DOJ Cases and Proceedings
DOJ Reaches Settlements With Pinnacle and Willow Bridge in RealPage Rent-Fixing Dispute
On September 4, 2026, the DOJ announced a proposed settlement of its claims against Pinnacle Property Management Services LLC, which was accused by the DOJ in North Carolina federal court of using property management software company RealPage Inc.’s revenue management technology to allegedly share pricing and competitively sensitive data using algorithmic coordination. The parties filed a joint stipulation and proposed order to resolve the DOJ’s claims.
The proposed consent decree requires Pinnacle to refrain from (i) using algorithms that generate pricing recommendations using its competitors’ competitively sensitive data or certain anticompetitive features; (ii) sharing competitively sensitive information with competitors; and (iii) attending RealPage meetings regarding competing landlords. Pinnacle must also engage a court-appointed monitor if it uses any third-party pricing algorithm and cooperate with the DOJ’s claims against other defendants.
On July 6, 2026, the DOJ and Willow Bridge Property Company LLC, one of the largest landlords in the U.S., reached a settlement in the DOJ’s ongoing enforcement action against the use of algorithmic pricing in rental markets. The DOJ alleged that six landlords, including Willow Bridge, shared competitively sensitive data and coordinated in a scheme to set rents using pricing algorithms trained on such data. The proposed settlement filed in the Middle District of North Carolina requires the landlord to refrain from (i) using any anticompetitive algorithm that generates pricing recommendations using its competitors’ competitively sensitive data or that incorporates certain anticompetitive features, (ii) sharing competitively sensitive information with competitors, and (iii) attending or participating in RealPage-hosted meetings of competing landlords. Willow Bridge must also engage a court-appointed monitor if it uses uncertified third-party pricing algorithms and cooperate with the agency against other defendants.
DOJ Settles HSR Enforcement Action Against KKR
On August 26, 2026, the DOJ filed a proposed settlement requiring KKR & Co. GP LLC to pay a civil penalty of $250 million to resolve allegations that KKR failed to comply with its obligations under the Hart-Scott-Rodino Act by purportedly hiding key documentation and entire transactions from merger notification. The United States’ complaint asserted KKR evaded antitrust scrutiny for at least 16 separate transactions by failing to comply with the HSR Act.
DOJ Issues Closing Statement in Seismic/Highspot Merger
On August 19, 2026, the DOJ closed its review of a sales-tracking software merger between Seismic Software Inc. and Highspot Inc. The DOJ said it was satisfied by the likelihood of AI-enabled competition, in an announcement touting the use of “targeted” scrutiny to end the probe quickly.
DOJ Reaches Guilty Plea in Bid Rigging Conspiracy
On August 13, 2026, Qual-Tran Products Company LLC entered a guilty plea in a bid rigging case brought by the DOJ. On July 23, 2026, the DOJ alleged that Qual-Tran and its co-conspirators engaged in a conspiracy to rig bids submitted to SEPTA, a regional public transportation authority in Philadelphia, PA. According to the DOJ, between 2016 and 2024 the co-conspirators allegedly coordinated their submission of bids to SEPTA’s procurement system for transportation parts and other goods.
DOJ Settlement Approved for Hewlett Packard Enterprise’s Acquisition of Juniper Networks
On August 12, 2026, a federal judge in the Northern District of California approved the DOJ’s proposed settlement to end its challenge of Hewlett Packard Enterprise’s $14 billion purchase of Juniper Networks. The court approved the settlement over the objections of state enforcers, who challenged the settlement following the resignation of two senior DOJ officials in opposition to the settlement. The settlement requires Hewlett Packard Enterprise to divest its Instant On business and continue to license Juniper software to independent competitors.
Building Material Suppliers Merger Approved With Divestitures
On August 7, 2026, the DOJ and the Attorney General of Tennessee reached an agreement with CRH PLC, allowing the building material supplier to purchase Standard Construction for $133.9 million. The DOJ required CRH to sell two hot-mix asphalt plants in western Tennessee as a condition of its approval, resolving enforcer concerns that the transaction would have harmed competition, leading to higher prices, lower quality, and less favorable terms for hot-mix asphalt used by the Tennessee Department of Transportation.
Defendant in Cattle Auction Bid-Rigging Conspiracy Pleads Guilty
On August 6, 2026, the manager of a bovine artificial insemination firm pleaded guilty to a bid-rigging conspiracy involving public cattle auctions in violation of Section 1 of the Sherman Act. The DOJ alleges that the conspiracy spanned approximately six years, where co-conspirators would coordinate which company would win the bids at auction. Bovine artificial insemination companies purchase cattle in order to produce, market, and sell bovine semen for a variety of uses. The DOJ investigation is ongoing.
Aircraft Parts Manufacturer Abandons Deal After DOJ Threat
On July 13, 2026, Aircraft parts maker TransDigm abandoned its planned $960 million purchase of Stellant Systems, after the DOJ threatened to challenge the deal over concerns about competition for the supply and repair components used in military radar systems. The DOJ claimed that the U.S. Department of Defense would have had a single source for critical products following the proposed acquisition, which would increase supply-chain risks and remove the benefits of competition.
FTC Policy
FTC Supports Department of Education Reforms to Accreditation
On September 21, 2026, the FTC’s Office of Policy Planning and Bureau of Competition issued a comment supporting the U.S. Department of Education’s plan to increase competition among accrediting agencies, which “is likely to improve the quality, responsiveness, and effectiveness of accreditation.” The FTC praised the Department of Education’s proposed reforms to reduce regulatory barriers inhibiting entry of new accreditors and make it easier for education institutions to switch accreditors, and to prevent the adoption of “excessive educational standards” by limiting the influence of trade and professional associations over accrediting agencies.
FTC Urges Fourth Circuit to Reject Amgen’s Antitrust Shield
On August 17, 2026, the FTC filed an amicus brief “in support of neither party” in the Fourth Circuit in the Carefirst of Maryland v. Amgen case, rejecting Amgen’s assertion that its commercial agreements acquiring the rights to patent applications should not be subject to antitrust scrutiny.
FTC and DOJ Encourage State Attorneys General to Stop Illegal Conduct in Petroleum Markets
On July 3, 2026, the FTC and the DOJ sent a joint letter to State Attorneys General encouraging them to conduct investigations and bring enforcement actions against companies manipulating gas prices or colluding with competitors in petroleum markets. The agencies are monitoring the marketplace as gas prices increase.
FTC and DOJ Issue HSR Annual Report
On July 2, 2026, the FTC and the DOJ issued their HSR report for fiscal year 2025, summarizing notifications under the HSR Act and the agencies’ enforcement actions. Out of approximately 2,000 reported transactions, the agencies sought enforcement actions against 18 deals.
DOJ Policy
DOJ Supports Dismissal of Michigan Energy Case
On June 29, 2026, the DOJ filed a Statement of Interest in a case brought by Michigan against energy companies for an alleged conspiracy to suppress renewable energy technologies to maintain supracompetitive prices for fossil fuels. The DOJ argued that Michigan lacked standing to bring the case under Illinois Brick. On September 22, 2026, the district court agreed that the state lacked standing and dismissed the suit. While the court found Michigan plausibly alleged an injury from energy charges, the state did not show that the conspiracy was the proximate cause of the alleged injury, citing Illinois Brick’s rule against indirect purchasers suing for damages under antitrust law.
DOJ Plans to Tighten Investigation Deadlines
On September 8, 2026, DOJ Associate Attorney General Stanley E. Woodward, Jr. circulated an internal memo instructing the Antitrust Division to end the practice of granting extensions during negotiations over civil investigative demands (CIDs). Associate Attorney General Woodward explained that extensions must be authorized in writing by himself or other senior officials. The memo tells staff attorneys that they must sue to enforce subpoenas where recipients fail to meet the original deadline, except in extraordinary circumstances.
DOJ Files Amicus Brief in Verax BioMedical Case Against the American Red Cross
On August 21, 2026, the DOJ argued that the U.S. Court of Appeals for the First Circuit should reverse the district court decision holding that the American Red Cross is not a “person” subject to antitrust liability under the Sherman Act. Verax BioMedical, a biotech company, accused the American Red Cross of limiting competition for blood platelet testing.
DOJ Files Amicus in Support of X’s Claims of Advertiser Boycott
On August 14, 2026, the DOJ filed an amicus brief in the U.S. Court of Appeals for the Fifth Circuit supporting X Corp. in its appeal of its dismissed claims against Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers for allegedly agreeing to boycott the social media platform. The DOJ argued that the federal judge prematurely evaluated the merits of the claim “then reasoned backwards to hold that X did not suffer antitrust injury” and “unduly limited the scope of conduct that can constitute a group boycott.”
DOJ Revokes Business Letter Issued to Proxy Advisor in 1987
On August 5, 2026, the DOJ withdrew its Business Review Letter issued in 1987 to Institutional Shareholder Services (ISS), an international proxy advisory business. The letter established that the DOJ would not use antitrust law to prevent the creation of ISS for advice relating to the exercise of voting rights on issues of corporate governance. However, according to the DOJ, because of ISS’ expansion into corporate consulting services, the letters no longer reflects ISS’ current business practices or the agency’s view of those practices.
FTC Speeches and Statements
FTC Chair Comments on AI and FTC Updates
On September 15, 2026, Federal Trade Commission Chair Andrew Ferguson spoke at the Georgetown University Law Center’s annual global antitrust enforcement symposium. Ferguson expressed skepticism over AI companies seeking an antitrust exemption so that they can coordinate on AI limitations, calling it “ deeply suspicious[.]” He said, “Regulation plus antitrust exemption sure sounds like moat-digging. And I think the thing that has made the United States the AI leader is that the companies are hypercompetitive with each other, and that there isn’t central planning and direction.”
Ferguson also reiterated his approach to avoid in-house antitrust cases in favor of suing in federal court. He added that the FTC is working on changes to its merger notification rule after a prior attempt at overhaul was challenged by the U.S. Chamber of Commerce.
FTC Commissioner Meador Remarks on Authority Under Section 5 of the FTC Act
On September 14, 2026, FTC Commissioner Mark Meador spoke at the Bill Kovacic Antitrust Salon at George Washington University Law School and asserted the agency’s authority to fight unfair methods of competition. “Moving forward begins and centers on restoring Section 5’s independent function,” Meador said, “The prohibition of unfair methods of competition was meant to develop through enforcement by applying Section 5 to evolving market practices and confronting difficult questions about where to draw the line[.]”
FTC Chair Remarks on the Need for Prudence as Enforcers
On September 5, 2026, FTC Chair Andrew N. Ferguson spoke at the International Bar Association’s 30th Annual Competition Conference in Florence, Italy. Chairman Ferguson remarked on “what it means to exercise prudence as enforcers of competition law and apply those principles to a specific example [enforcers] confront all the time: vertical transactions.” He emphasized the purpose behind competition law as a method promoting free, fair, and competitive markets. Ferguson referred to vertical mergers as a “sticky wicket for antitrust enforcers” with potential procompetitive and anticompetitive effects. He suggested that a “settlement with appropriately structured behavioral remedies is sometimes the best approach to vertical-merger problems[.]”
DOJ Speeches and Statements
DOJ DAAG Glad Remarks on AI and Coordination
On September 22, 2026, Acting Deputy Assistant Attorney General Daniel Glad delivered remarks at the Women’s White Collar Defense Association Conference in Chicago. Glad warned that “an AI governance process that covers privacy, cybersecurity, and other risks but never asks the antitrust question is not enough.” Glad went on to advise companies who use AI tools that they must “know what data go in, where the outputs go, and whether non-public competitor information is being pooled or fed back into pricing decision.”
DOJ Associate AG Says Political Appointees Play Key Role in Antitrust Enforcement
On September 17, 2026, during remarks at Fordham University’s 53rd Annual Conference on International Antitrust Law and Policy, and Antitrust Economics Workshop, Associate Attorney General Stanley E. Woodward Jr., who oversees the Antitrust Division, said political appointees like himself serve a key law enforcement role. He defended the role political appointees play in enforcing antitrust laws, saying it would be “blatantly unconstitutional” if the DOJ’s leadership merely deferred to unelected officials.
Woodward also commented about industry coordination on AI-related safety issues, and observed that coordinating on cybersecurity or security matters does not appear anticompetitive. Woodward invited AI companies to contact the DOJ to engage in a dialogue about these issues.
DOJ to Implement Targeted Second Requests
On July 23, 2026, the DOJ announced that it will resume targeted second request investigations to expedite merger review and published a model timing agreement. Associate Attorney General Stanley E. Woodward Jr. stated that a “more targeted process” will “eliminate bureaucratic burdens” and “allow for quicker and more efficient review of proposed transactions.”
Deputy AAG Dina Kallay Remarks on Innovation and IP
On July 8, 2026, Deputy Assistant Attorney General Dina Kallay spoke at the Hudson Institute Forum for Intellectual Property. Kallay remarked on how the exclusive rights granted through intellectual property law create incentives for innovation and facilitate procompetitive activity. Kallay also noted circumstances where owning patents does not establish market power. Intellectual property owners should be able, according to Kallay, to enforce those rights without raising from antitrust liability.
© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Newsletter is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.
-
Press Release, Fed. Trade Comm'n, Statement Regarding Fairfield Medical Center's Sale to Adena Health (Sept. 2, 2026).
-
See Fairfield Med. Ctr., Fairfield Medical Center Explores Partnership (last visited Aug. 28, 2026); OhioHealth Seeks to Acquire Lancaster's Fairfield Medical Center as 17th Hospital, Columbus Bus. First (Nov. 20, 2025).
-
Statement of Chairman Andrew N. Ferguson, Joined by Commissioner Mark R. Meador, Regarding Fairfield Medical Center's Sale to Adena Health, Fed. Trade Comm'n (Sept. 2, 2026)
-
-
United States v. Gen. Dynamics Corp., 415 U.S. 486, 507 (1974) (quoting Int'l Shoe Co. v. FTC, 280 U.S. 291, 302 (1930)).
-
U.S. Dep't of Just. & Fed. Trade Comm'n, Merger Guidelines § 3.1 (Dec. 18, 2023) (2023 Merger Guidelines).
-
Statement of Chairman Andrew N. Ferguson, Joined by Commissioner Mark R. Meador, Regarding Fairfield Medical Center's Sale to Adena Health, Fed. Trade Comm'n (Sept. 2, 2026).
-
-
Press Release, U.S. Dep't of Just., Department of Justice Statement on the Closing of Its Investigation into the Possible Acquisition of Chicago Sun-Times by Owner of Chicago Tribune (July 12, 2017).
-
Debbie Feinstein & Alexis Gilman, Power Shopping for an Alternative Buyer, Fed. Trade Comm'n: Competition Matters (Mar. 31, 2015).
-
-
Ian Conner, On "Failing" Firms — and Miraculous Recoveries, Fed. Trade Comm'n: Competition Matters (May 27, 2020).
Key Contacts
