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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Part 1: The end of agency independence? Supreme Court overrules Humphrey’s Executor

By Jay L. Levine on July 16, 2026

Executive summary

On June 29, the Supreme Court overruled a 91-year-old precedent that permitted Congress to protect leaders of certain independent agencies from at-will presidential removal. The decision significantly strengthens presidential control over executive agencies and may signal the end of independence for numerous multimember commissions and boards across the federal government. Businesses regulated by agencies such as the FTC, SEC, FCC, FERC, CFTC, NLRB and others should anticipate potentially greater policy swings between administrations and increased political accountability for agency decision-making.

Keep reading for an explanation of how we got here and what it means for the future.

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.

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Executive summary