Episode 57

Capper Volstead: Past, present and future – Part 3

By Jay L. Levine & Porter Wright on March 02, 2023

In Part 3 of their Capper Volstead series, Jay Levine and Don Barnes discuss other statutes that exempt agricultural cooperatives from antitrust liability and delve into the historical and present relationship that USDA and DOJ have with the Capper Volstead Act.

Read a transcript of the episode here.

Find Jay on Twitter and LinkedIn or contact him at jlevine@porterwright.com.

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Episode 56

Capper Volstead: Past, present and future – Part 2

By Jay L. Levine & Porter Wright on February 22, 2023

In Part 2 of their Capper Volstead series, Jay Levine and Don Barnes continue to discuss the need for the Capper Volstead Act and its key elements. Specifically, the team dives in to discuss why the Act was required and preview some of the ongoing issues with its application.

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Episode 55

Capper Volstead: Past, present and future – Part 1

By Jay L. Levine & Porter Wright on February 15, 2023

In a belated tribute to Capper Volstead’s 100th anniversary, Jay Levine talks with his legal partner Don Barnes, one of the deans of the agricultural bar and an authority on Capper Volstead. In Part 1 of their discussion, they review the origins of Capper Volstead and how the legal landscape for agricultural producers has changed over time. Continue Reading

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States’ antitrust enforcement is alive and well: California enacts broad premerger notification requirement

By Jay L. Levine on March 3, 2026

California has enacted a sweeping new premerger notification law that will significantly expand the state’s visibility into M&A activity. On Feb. 10, 2026, Governor Gavin Newsom signed the California Uniform Antitrust Premerger Notification Act (SB 25), making California the third state—after Washington and Colorado—to adopt a broad, cross‑industry premerger filing regime. The law becomes effective Jan. 1, 2027. Previously, notifications were required only of healthcare, retail grocery and retail drug transactions.

FTC issues its annual revisions to HSR and interlocking directorate

By Jay L. Levine on February 11, 2026

On Jan. 14, 2026, the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR) and certain other values under the HSR rules. The new thresholds will become effective on Feb. 17, 2026.

Current trends in state antitrust enforcement

By Allen Carter on May 5, 2025

State antitrust enforcement is becoming increasingly significant, with a diverse array of laws across 51 jurisdictions, including the District of Columbia. State Attorneys General (AGs) are not merely filling gaps left by federal enforcement but are actively shaping the landscape with robust state-specific laws. This post provides an overview of the current trends and legislative developments in state antitrust enforcement that businesses need to be aware of as they assess their conduct and develop growth strategies.

Navigating the new HSR landscape: Major updates and enforcement actions you need to know

By Jay L. Levine on April 7, 2025

When the words “Hart Scott” or “HSR” are mentioned, business executives and deal lawyers often react with indifference. While they recognize the necessity of HSR compliance before closing a transaction, it typically garners little attention unless the deal is expected to face intense scrutiny. The goal is usually to check the HSR box and move forward.

This attitude has shifted recently as the government itself has focused attention on HSR. Over the past few months, the federal government has brought a couple of notable enforcement actions for HSR violations, and the HSR form itself has changed significantly, forcing people to pay closer attention to HSR than perhaps ever before.

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