Insights

Washington – June 8, 2023: Crowell & Moring has been recommended in seven practice areas in the 16th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts. The firm’s full rankings can be viewed here.

Washington – June 15, 2022: Crowell & Moring has been recommended in eight practice areas in the 15th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to Legal 500’s “Hall of Fame” for Government Contracts. Antitrust & Competition partner Megan L. Wolf has been named a “Next Generation Partner” for Merger Control. Advertising & Media partners Christopher A. Cole and Lauren Aronson have been named a “Leading Lawyer” and “Next Generation Partner” for Advertising and Marketing Litigation respectively. The firm’s full rankings can be viewed here.

On March 18, 2026, the Antitrust Division (Division) of the U.S. Department of Justice (DOJ) entered into a Non-Prosecution Agreement (“NPA”) with Broadway Across America (“BAA”), resolving a criminal antitrust investigation into agreements between BAA and another entertainment company (“Company A”) that included non-compete restrictions on Company A’s ability to offer potentially competing programming. Notably, the restrictions were contained in a vertical agreement by which BAA presented touring shows at theaters owned by Company A. The announcement is a reminder that the agencies continue to scrutinize non-compete agreements contained in business contracts, and all non-compete provisions, even those included between vertical partners, should be reviewed by antitrust counsel.

The Federal Trade Commission (FTC) recently released its Strategic Plan for Fiscal Years 2026–2030, setting out the agency’s enforcement priorities and operational objectives for the next five years under Chairman Andrew N. Ferguson. The plan reaffirms the FTC’s commitment to vigorously enforcing the nation’s antitrust and consumer protection laws “without fear or favor.” Critically for businesses, the plan returns the phrase “without unduly burdening legitimate business activity” to the agency’s mission statement, signaling a commitment to ending what the agency characterizes as overregulation of businesses that compete fairly and deal honestly with consumers. Despite this business-friendly framing, the plan signals robust enforcement across consumer protection, antitrust, and emerging technology — areas that will directly affect in-house counsel’s compliance planning over the coming years.

On March 19, 2026, a U.S. District Court for the Fifth Circuit panel denied the Federal Trade Commission’s (FTC) emergency motion for a stay pending appeal of a district court’s order that vacated the FTC’s 2024 overhaul of the HSR premerger notification form.

The right to repair is at the center of a key policy debate with the Biden Administration voicing support for competition and consumer choice in repair markets. Over the summer, the FTC announced three proposed settlements alleging violations of the Magnuson-Moss Warranty Act and the FTC Act. Additionally, the right to repair movement is gaining momentum as the pace of private litigation in this area has increased.

In the fifth installment of Crowell & Moring’s webinar series, our seasoned Antitrust & Competition practitioners will discuss the potential antitrust risks created or exacerbated by the ongoing supply chain crisis.  Our panelists will explore issues that arise throughout the supply chain, including those related to price discrimination, availability & access challenges, exclusionary contract provisions, resale price maintenance, non-price restraints, and competitor collaborations.  The panel will offer practical tips to navigate these challenges for both suppliers and customers. 

Crowell & Moring's "Government Contracts Classroom" is a podcast that covers a wide range of topics relevant to government contractors and provides training and information designed to help you navigate the complexities of government contracting. In this inaugural episode, counsel Megan Wolf talks with partners Daniel Zelenko and Gail Zirkelbach about the DOJ’s new Procurement Collusion Strike Force, answering the most common questions they have received since the Strike Force was announced.