Latest Publications

Share:

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

FTC Appeals Texas Court’s Decision to Set Aside the Noncompete Ban

The Federal Trade Commission (FTC) has filed a notice of appeal of the Northern District of Texas’s decision granting plaintiffs’ summary judgment motion and “setting aside” the agency’s rule banning nearly all employee...more

FTC Issues Final Rule Overhauling and ‎Increasing the Burden of HSR Filings

After what is described as “intense negotiations” among the commissioners, the Federal Trade Commission (FTC) has unanimously approved a substantial overhaul to the rules governing the documents and information that must be...more

FTC Issues Final Rule Overhauling and Increasing the Burden of HSR Filings

After what is described as “intense negotiations” among the commissioners, the Federal Trade Commission (FTC) has unanimously approved a substantial overhaul to the rules governing the documents and information that must be...more

Texas Court Issues National Injunction Barring Enforcement of the FTC’s Noncompete Ban

In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled...more

Pennsylvania Court Denies Injunction Against FTC’s Noncompete Ban

In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more

The FTC Intervenes in Franchise Relationships

The U.S. Federal Trade Commission's (FTC) latest policy statement aims to dictate the outcome of contract negotiations between franchisors and their franchisees and to limit the potential negative impact on franchisees of...more

Texas Court Temporarily Enjoins FTC Noncompete Ban Rule

As workers were leaving their offices for the Fourth of July holiday, the Northern District of Texas issued its much-anticipated order preliminarily enjoining the effective date of the Federal Trade Commission’s (FTC)...more

Algorithmic Prices and Industry Data Reporting Under the Antitrust Microscope

Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more

PE Firm Escapes FTC’s Challenge to Texas Anesthesiology Roll-Up

A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more

Antitrust Division Announces Task Force on Health Care Monopolies and Collusion

On May 9, Assistant Attorney General (AG) Jonathan Kanter announced that Department of Justice’s (DOJ) Antitrust Division has formed a Task Force on Healthcare Monopolies and Collusion (HCMC). The initiative will bring...more

Implications of the FTC’s Noncompete Ban on Financial Institutions

There has been a great deal of press about the Federal Trade Commission’s (FTC) vote to ban employee non-competition provisions and policies. While the FTC describes the rule as a comprehensive ban, it acknowledges that the...more

FTC Bans Employee Noncompete Clauses

The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective 120 days after...more

FTC Announces Vote on Rule to Ban Noncompetes

The Federal Trade Commission (FTC) has announced that the commission will vote April 23 on its proposed rule to ban noncompete agreements. While the final rule may differ from the Notice of Proposed Rulemaking issued in...more

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

FTC Workshop Argues That Private Equity Incentives Are Not Aligned With Quality Health Care

On March 5, the Federal Trade Commission (FTC) hosted a public workshop titled “Private Capital, Public Impact: An FTC Workshop on Private Equity in Health Care.” The event is part of the agency’s effort to publicize and...more

FTC Promotes Next Front in Administration's Efforts to Lower Pharmaceutical Prices: Bayh-Dole Act's "March-In" Rights

The U.S. Federal Trade Commission (FTC) took the next step in its long-standing effort to encourage lower prices and increase competition in the pharmaceutical industry. As part of the Biden administration’s whole government...more

AI Under a Microscope: FTC Tech Summit and Collaboration Investigation — January 2024

It was a busy week for the Federal Trade Commission’s (FTC) effort to investigate and police artificial intelligence (AI). In addition to its half-day AI Tech Summit, the commission authorized the issuance of “any and all”...more

FTC Updates HSR and Clayton Act Thresholds; Increases Civil Penalties for Violations

The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed...more

FTC Issues Policy Statement Confirming Its Position That Improperly Listing Patents in the Orange Book May Be Considered a...

The Federal Trade Commission (FTC) has released a new Policy Statement addressing one of its long-standing concerns in the pharmaceutical industry: the improper listing of patents in the Orange Book. In an open meeting of the...more

Seventh Circuit Revives McDonald's Employee No-Poach Litigation

In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more

Bundled Discounts in the FTC's Crosshairs

Recently, the Federal Trade Commission (FTC) has focused on the potential harm that loyalty discounts and bundled prices could cause to competitors and their access to customers. A vendor offers a bundled discount when it...more

Third Circuit Holds Rule of Reason Appropriate for Review of Hybrid Horizontal and Vertical Conspiracy

On August 28, the U.S. Court of Appeals for the Third Circuit denied Winn-Dixie’s appeal for a new trial in its lawsuit against the Eastern Mushroom Marketing Cooperative (EMMC). The supermarket chain alleged that EMMC, its...more

Amgen, Black Knight, and Assa Abloy: Are Merger Settlements Making a Comeback?

Assistant Attorney General Jonathan Kanter, for the Department of Justice’s (DOJ) Antitrust Division, has been openly and repeatedly skeptical of merger remedies and settlements: “Merger remedies short of blocking a...more

Antitrust Criminal Enforcement on the Horizon

With the end of summer and fall right around the corner, the U.S. Department of Justice (DOJ), Antitrust Division is gearing up for several crucial displays of its criminal enforcement priorities across multiple...more

90 Results
 / 
View per page
Page: of 4

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide