HSR Form Changes: Navigating the New Landscape

Mergers, Algorithms and Market Power: Highlights from the ABA Spring Meeting 2026

The ABA 2026 Antitrust Spring Meeting gathered antitrust lawyers and practitioners – some 3,500 of them – for 70 panels in Washington, D.C. Host Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] reports back along with Skadden [https://www.skadden.com/] antitrust/competition partners Evan Kreiner [https://www.skadden.com/professionals/k/kreiner-evan-r] and Aurora Luoma [https://www.skadden.com/professionals/l/luoma-aurora]. Drawing out the central themes from the conference, they cover the latest in merger control — from the CMA's "4 Ps" framework to the EU's revised guidelines and the fate of the FTC's expanded HSR form — as well as cartel enforcement trends including AI-driven investigations and algorithmic pricing, and notable market power developments in digital regulation and social media. 💡 MEET YOUR HOST 💡 Name: Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] Title: Partner, Antitrust/Competition Specialty: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on investigations, including abuse of dominance, cartels and vertical agreements. Connect: LinkedIn [https://www.linkedin.com/in/bibatchelor/] 💡 FEATURED GUESTS 💡 Name: Aurora Luoma [https://www.skadden.com/professionals/l/luoma-aurora] What she does: Aurora covers competition law, including international merger control, antitrust investigations, state aid and sectoral regulation. She is based in London. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “The UK CMA has been rapidly shifting its approach to merger control enforcement in the past 18 months or so. What we heard at the ABA conference was a continued emphasis from the CMA officials on its shift to what it calls its "4 Ps" framework. So, that's greater predictability, pace, process and proportionality in merger review.” Connect: LinkedIn [https://www.linkedin.com/in/aurora-luoma-5a10951a/] Name: Evan Kreiner [https://www.skadden.com/professionals/k/kreiner-evan-r] What he does: Evan is an experienced litigator in high-stakes antitrust trials against government regulators and private plaintiffs. He is based in New York. Organization: Skadden [https://www.skadden.com/] Words of wisdom: "On the substance, people were quite interested in Judge Boasberg's evaluation and analysis, both the market that Instagram and Facebook – Meta's products that were challenged by the FTC – participate in, as well as how Judge Boasberg considered whether or not Instagram and Facebook have market power. So, market definition in that case was hotly contested.” Connect: LinkedIn [https://www.linkedin.com/in/aurora-luoma-5a10951a/https://www.linkedin.com/in/evan-kreiner/] CONNECT WITH SKADDEN ☑️ Follow us on X [https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor] and LinkedIn [https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/]. ☑️ Subscribe to “Fierce Competition” on Apple Podcasts [https://podcasts.apple.com/us/podcast/fierce-competition/id1710265588], Spotify [https://open.spotify.com/show/5O7cIljyx4Agy2A6wt5GZv], or your favorite podcast app. “Fierce Competition” is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates [https://www.skadden.com/]. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

AI Under the Antitrust Lens: Enforcement Trends in the EU, UK and U.S.

AI dominates headlines from both a deal and antitrust enforcement perspective. https://www.skadden.com/professionals/t/terra-antoniAntoni Terra [https://www.skadden.com/professionals/t/terra-antoni], counsel in Skadden [https://www.skadden.com/]'s Brussels office, moderates a discussion on recent developments and trends across Europe and the U.S. in the AI space with colleagues Mike Menitove [https://www.skadden.com/professionals/m/menitove-michael-h], partner in Skadden's New York office, and Iacovos Antoniou [https://www.skadden.com/professionals/a/antoniou-iacovos], European counsel in Skadden's London office. The panel explores key merger control issues, the EU Digital Markets Act and U.K. Digital Markets Competition and Consumers Act, and ongoing litigation such as the U.S. Department of Justice’s challenge to Google's search business. 💡 MEET YOUR HOST 💡 Name: Antoni Terra [https://www.skadden.com/professionals/t/terra-antoni] Title: Counsel, Antitrust/Competition Specialty: Antoni’s practice focuses on complex merger control matters requiring EU, U.K. and international approvals. Connect: LinkedIn [https://www.linkedin.com/in/antoniterra/] 💡 FEATURED GUESTS 💡 Name: Mike Menitove [https://www.skadden.com/professionals/m/menitove-michael-h] What he does: Mike represents clients in antitrust and complex litigation matters across a broad range of industries, including health care, agriculture, technology and sports, among others. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “U.S. regulators have expressed concerns about resources, inputs and the scale needed to compete in the generative AI space.” Connect: LinkedIn [https://www.linkedin.com/in/mike-menitove-4184b7151/] Name: Iacovos Antoniou [https://www.skadden.com/professionals/a/antoniou-iacovos] What he does: Iacovos advises on all aspects of EU, U.K. and international competition law, including merger control, antitrust investigations and compliance with Articles 101 and 102 TFEU. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “Competition enforcement in the AI space is here to stay and potentially become more prevalent. So, it's definitely a good time to zoom in on competition principles and understand the regulatory direction.” Connect: LinkedIn [https://www.linkedin.com/in/iacovos-antoniou/] CONNECT WITH SKADDEN ☑️ Follow us on X [https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor] and LinkedIn [https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/]. ☑️ Subscribe to Fierce Competition on Apple Podcasts [https://podcasts.apple.com/us/podcast/fierce-competition/id1710265588], Spotify [https://open.spotify.com/show/5O7cIljyx4Agy2A6wt5GZv], or your favorite podcast app. Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates [https://www.skadden.com/]. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Antitrust Collusion in Labor Markets: Enforcement Trends on Both Sides of the Atlantic

Gone are the days when companies could simply agree with a handshake not to poach each other's IT staff. Today, violations in the labor market are receiving heightened scrutiny and are being addressed with greater severity. Host Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] is joined by three Skadden [https://www.skadden.com/] colleagues to discuss the rapidly evolving enforcement landscape. Jim Fredricks [https://www.skadden.com/professionals/f/fredricks-james-j], antitrust/competition partner in Washington, D.C., breaks down the U.S. prosecution strategy. Aurora Luoma [https://www.skadden.com/professionals/l/luoma-aurora], antitrust/competition partner in London, and Margot Sève [https://www.skadden.com/professionals/s/seve-margot], white collar defense and investigations partner in Paris, describe the environment in Europe. Tune in for valuable insights on why it is essential for clients to address labor law issues within their compliance programs. 💡 MEET YOUR HOST 💡 Name: Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] Title: Partner, Antitrust/Competition Specialty: Bill has 20 years of EU and U.K. competition law experience and focuses his practice on investigations, including abuse of dominance, cartels and vertical agreements.  Connect: LinkedIn [https://www.linkedin.com/in/bibatchelor/?originalSubdomain=uk] 💡 FEATURED GUESTS 💡 Name: Aurora Luoma [https://www.skadden.com/professionals/l/luoma-aurora] What she does: Aurora has a broad practice covering key areas of competition law, including international merger control, antitrust investigations, state aid and sectoral regulation. She particularly focuses on complex global mergers in the EU and U.K. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “We've seen the U.K. competition authority make statements that tie in enforcement in the labor market to wider policy priorities. So, in a recent speech, the CMA’s chief executive, Sarah Cardell, emphasized that well-functioning labor markets are widely recognized as an important driver of economic growth.” Connect: LinkedIn [https://www.linkedin.com/in/aurora-luoma-5a10951a] Name: Jim Fredricks [https://www.skadden.com/professionals/f/fredricks-james-j] What he does: Drawing on over two decades of experience as an antitrust prosecutor at the U.S. Department of Justice, Jim counsels and defends clients in all types of antitrust investigations and prosecutions, as well as other complex and multijurisdictional actions brought by government enforcers, including price fixing, bid rigging, market allocations, no-poach agreements, algorithmic pricing and criminal monopolization. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “The United States is very clear in its position that wage fixing, no-poach are irredeemable in the same way as price fixing and customer allocations. And so, the per se rule applies, which means, as a matter of law, it's unlawful regardless of any justification that the participants may offer or whether there is any harm or not. And there's been some skirmishing on that issue, and DOJ has mostly won, but not completely.” Connect: LinkedIn [https://www.linkedin.com/in/james-fredricks-26079a23a/] Name: Margot Sève [https://www.skadden.com/professionals/s/seve-margot] What she does: Margot works on cases involving complex cross-border compliance and enforcement matters. These representations include the resolution of proceedings involving French and U.S. regulatory agencies and prosecutors relating to corruption, economic sanctions, money laundering, terrorism financing, market manipulation, financial fraud and competition laws. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “The [EU] commission generally allows restricting the seller from hiring employees of a divested business for up to three years under certain conditions. And so, these are called ‘ancillary restraints’ because they are ancillary to the main agreement. So, standard non-solicitation covenants could also be justified in a cooperation agreement such as a subcontracting or consortium agreement. Even if criteria are met, the conditions are very strict.” Connect: LinkedIn [https://www.linkedin.com/in/margotseve/] CONNECT WITH SKADDEN ☑️ Follow us on X [https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor] and LinkedIn [https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/]. ☑️ Subscribe to Fierce Competition on Apple Podcasts [https://podcasts.apple.com/us/podcast/fierce-competition/id1710265588], Spotify [https://open.spotify.com/show/5O7cIljyx4Agy2A6wt5GZv], or your favorite podcast app. Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates [https://www.skadden.com/]. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

Regulating the Digital Age: Antitrust Enforcement in the EU and US

The antitrust landscape in both the EU and U.S. is rapidly evolving as legacy legal frameworks, including Article 102, are being adapted to address digital platform dominance and new forms of monopolistic behavior. With the arrival of Teresa Ribera to the European Commission and a new U.S. administration, enforcement priorities are shifting toward digital markets, with a particular emphasis on speedy investigations, compliance and innovative theories of harm that go beyond traditional price and output concerns. Host Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] unpacks the latest developments with Skadden [https://www.skadden.com/] colleagues Michael Frese [https://www.skadden.com/professionals/f/frese-michael-j] and Justine Haimi [https://www.skadden.com/professionals/h/haimi-justine-m]. The discussion highlights recent high-profile cases involving Google, Apple and Amazon, examining the use of commitment decisions and the growing influence of the Digital Markets Act.  💡 MEET YOUR HOST 💡 Name: Bill Batchelor [https://www.skadden.com/professionals/b/batchelor-bill] Title: Partner, Antitrust/Competition Specialty: Bill focuses his practice on conduct investigations, including abuse of dominance, cartels and vertical agreements. Connect: LinkedIn [https://www.linkedin.com/in/bibatchelor/?originalSubdomain=uk] 💡 FEATURED GUESTS 💡 Name: Michael Frese [https://www.skadden.com/professionals/f/frese-michael-j] What he does: Michael has more than 10 years of experience advising companies on all aspects of EU competition law and various areas of EU and national market regulation, including the Digital Markets Act and Digital Services Act. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “In August 2024, the commission issued draft guidelines and exclusionary abuses. These guidelines were meant to help undertakings self-assess their practices, but also to provide guidance to courts. One is hard pressed to find clear guidance in these draft guidelines other than the notion that the commission should have wide discretion.” Connect: LinkedIn [https://be.linkedin.com/in/michael-frese-1083607a]   Name: Justine Haimi [https://www.skadden.com/professionals/h/haimi-justine-m]   What she does: Justine represents clients in connection with the antitrust aspects of litigation, mergers and acquisitions and advisory matters. She has worked with clients across a diverse range of industries, including health care, medical devices, insurance, consumer goods, telecommunications, energy and pharmaceuticals. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “President Trump has appointed Andrew Ferguson as chairman of the FTC and Gail Slater as the assistant attorney general responsible for antitrust at the DOJ. Both agency heads have stated that they plan to continue investigating big tech and more vigorously crack down on monopolies, but we may also expect to see some shifts in enforcement from the prior administration.” Connect: LinkedIn [https://www.linkedin.com/in/justine-haimi-77a20210] CONNECT WITH SKADDEN ☑️ Follow us on X [https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor] and LinkedIn [https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/]. ☑️ Subscribe to Fierce Competition on Apple Podcasts [https://podcasts.apple.com/us/podcast/fierce-competition/id1710265588], Spotify [https://open.spotify.com/show/5O7cIljyx4Agy2A6wt5GZv], or your favorite podcast app. Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates [https://www.skadden.com/]. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.

HSR Form Changes: Navigating the New Landscape

Antitrust premerger notification just became more complex. The Hart-Scott-Rodino (HSR) Act premerger form underwent substantial changes in February 2025, requiring significantly more information from merging parties. Host Rita Sinkfield Belin [https://www.skadden.com/professionals/b/belin-rita-sinkfield] and her Skadden [https://www.skadden.com/] colleagues Joe Rancour [https://www.skadden.com/professionals/r/rancour-joseph-m] and Joe Ciani-Dausch [https://www.skadden.com/professionals/c/cianidausch-f-joseph] offer insights on the new requirements. The discussion highlights the 10 most notable changes, explores how these updates are being implemented and provides initial observations on what may lie ahead. 💡 MEET YOUR HOST 💡 Name: Rita Sinkfield Belin [https://www.skadden.com/professionals/b/belin-rita-sinkfield] Title: Counsel, Antitrust/Competition Specialty: Rita advises on the Hart-Scott-Rodino (HSR) Act review process required to obtain federal antitrust approval for various types of acquisitions, including large, complex M&A and joint venture transactions. Connect: LinkedIn [https://www.linkedin.com/in/rita-sinkfield-belin/] 💡 FEATURED GUESTS 💡 Name: Joe Ciani-Dausch [https://www.skadden.com/professionals/c/cianidausch-f-joseph] What he does: Joe represents clients in antitrust aspects of mergers and acquisitions, litigation at the trial and appellate court levels, arbitration and counseling. Organization: Skadden [https://www.skadden.com/] Words of wisdom: “The FTC itself estimated that it would take three times as much time on average to prepare the filing, even more in the case where there are overlaps between the parties. And, as we're preparing filings under the new rules, we're definitely seeing that that is, if anything, I think an underestimate.” Connect: LinkedIn [https://www.linkedin.com/in/joseph-ciani-dausch-9841a139/]   Name: Joe Rancour [https://www.skadden.com/professionals/r/rancour-joseph-m] What he does: Joe represents clients in connection with antitrust aspects of mergers and acquisitions, investigations, counseling and litigation. Organization: Skadden [https://www.skadden.com/] Words of wisdom: "Preparation and self-awareness are going to be the name of the game under the new regime. The aperture is widening in terms of what the government's going to see early in the process. And that doesn't mean that it's a cause for concern. It means that you have to know what's in your files." Connect: LinkedIn [https://www.linkedin.com/in/joseph-rancour/] CONNECT WITH SKADDEN ☑️ Follow us on X [https://twitter.com/SkaddenArps?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor] and LinkedIn [https://www.linkedin.com/company/skadden-arps-slate-meagher-flom-llp-affiliates/]. ☑️ Subscribe to Fierce Competition on Apple Podcasts [https://podcasts.apple.com/us/podcast/fierce-competition/id1710265588], Spotify [https://open.spotify.com/show/5O7cIljyx4Agy2A6wt5GZv], or your favorite podcast app. Fierce Competition is a podcast by Skadden, Arps, Slate, Meagher & Flom LLP, and Affiliates [https://www.skadden.com/]. This podcast is provided for educational and informational purposes only and is not intended and should not be construed as legal advice. This podcast is considered advertising under applicable state laws.