Antitrust Law Source

Jay L. Levine

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Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department. His practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group. He is also the managing editor of the firm’s innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly.

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Part 3: One agency, one antitrust enforcer? Is there still a need for a Federal Trade Commission?

By Jay L. Levine on Categories: Antitrust Revolution
This is Part 3 of a four-part series. Start with Part 1 and Part 2. After Trump v. Slaughter, many scholars, practitioners, and policymakers are wondering whether there remains a need for a Federal Trade Commission. Given the expected alignment between the FTC and the administration, does it make sense to maintain two antitrust enforcement agencies, the FTC … Continue Reading

Part 2: From independent watchdog to executive branch enforcer: The FTC after Trump v. Slaughter

By Jay L. Levine on Categories: Antitrust Revolution
Established in 1914, the Federal Trade Commission (FTC) was charged with policing “unfair methods of competition” and “unfair or deceptive acts or practices.” Designed to represent more than one political perspective, the FTC Act mandated that there be five commissioners, but no more than three may belong to the same political party. Each commissioner is … Continue Reading

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

By Jay L. Levine on Categories: Antitrust Revolution
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 … Continue Reading

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

By Jay L. Levine on Categories: Antitrust Revolution
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 … Continue Reading

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

By Jay L. Levine on Categories: ABC's of Antitrust, Antitrust Revolution
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 … Continue Reading

FTC issues its annual revisions to HSR and interlocking directorate

By Jay L. Levine on Categories: Antitrust & Intellectual Property, Antitrust Revolution
On Jan. 10, 2025, 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 in late February, 30 days after publication in the Federal Register.… Continue Reading

Capper Volstead: Past, present and future – Part 3

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Agriculture, Legislative
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. Listen wherever you listen to … Continue Reading

Capper Volstead: Past, present and future – Part 1

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Agriculture
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 … Continue Reading

FTC starts 2023 with a bang

By Jay L. Levine on Categories: ABC's of Antitrust
Picking up where they left off, the FTC has wasted no time in the new year and already proposed to effectively ban all employment non-compete clauses. The proposed rule would make future non-competes unlawful and nullify any existing agreements. In our latest podcast, Jay explains how this proposal fits in with the administration’s attempt to … Continue Reading

Government is cracking down on antitrust issues in labor markets

By Jay L. Levine on Categories: ABC's of Antitrust, Criminal Government Enforcement
Antitrust enforcement is heating up when it comes to issues affecting the labor market and workers’ ability to sell their services to the highest bidder. Though the movement began in 2016, the Biden administration is claiming that certain agreements between employers that affect workers’ mobility and compensation can be prosecuted criminally.… Continue Reading

Has Axon dealt another blow to FTC authority?

By Jay L. Levine and Porter Wright on Categories: Mergers & Acquisitions
Last year, the Supreme Court unanimously ruled that the Federal Trade Commission (FTC) is not authorized to impose civil penalties on parties who violate the FTC Act unless the party is violating a previous cease and order. The ruling took away a major enforcement tool. Now, Axon Enterprises is seeking to attack the entire structure … Continue Reading

New Brandeisians push further: Proposed antitrust legislation reflects broad remedial purpose of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Legislative
Our last article, New Brandeisians keep their promise, discussed the contents of Sen. Amy Klobuchar’s (D-MN) proposed overarching antitrust legislation, Competition and Antitrust Law Enforcement Reform Act (CALERA). Now, we’d like to take a step back and focus on the arguments supporting and opposing such reform, and in particular the precise manner in which the … Continue Reading

The antitrust revolution: New Brandeisians keep their promise

By Jay L. Levine on Categories: Antitrust Revolution
In part three of their series, “The Antitrust Revolution,” host Jay Levine and fellow attorney Carrie Garrison explain what New Brandeisians are trying to achieve and why they believe that the antitrust laws need fixing. In particular, they discuss Sen. Amy Klobuchar’s (D-MN) proposed “Competition and Antitrust Law Enforcement Reform Act” and how it fits … Continue Reading

The antitrust revolution: The Chicago School and antitrust enforcement from 1990s to the present

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution
In part two of their series “The Antitrust Revolution,” host Jay Levine and guest Carrie Garrison discuss the evolution of antitrust in the decades leading up to the present. They explain, in plain words, the prevailing economic theory that governed antitrust enforcement and why those principles are now coming under attack. They also discuss the … Continue Reading

The antitrust revolution: The evolution of antitrust

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Antitrust Revolution
An antitrust revolution is definitely underway. But to understand where we may be going, you must first understand where we have been. In this podcast, Jay is joined by attorney Carrie Garrison. They will guide you through the evolution of antitrust law, from its inception to the present, and provide you the tools to better … Continue Reading

New Brandeisians keep their promise: New antitrust legislation reflects movement in role of antitrust laws

By Jay L. Levine and Porter Wright on Categories: Antitrust Revolution, Consumer Protection
Probably never before has there been introduced in Congress so many bills relating to antitrust.  At last count, over 25 different pieces of antitrust legislation have been introduced just this year, covering antitrust in general and distinct industries in particular, including pharmaceuticals, sports, news and oil. And more have been promised. While some proposed laws … Continue Reading

Breaking down the NCAA v. Alston SCOTUS decision

By Jay L. Levine and Porter Wright on Categories: Sports
The sports and antitrust worlds eagerly awaited the U.S. Supreme Court’s decision in NCAA v. Alston, a case challenging to the NCAA’s right to limit compensation paid to student-athletes. On Monday, June 21, the Supreme Court upheld the decisions by the lower courts, which found in favor of student-athletes and forbade the NCAA or the … Continue Reading
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