On April 23, the Federal Trade Commission (FTC), by a 3-2 vote, approved a Final Rule banning almost all worker noncompetes. The Final Rule will go into effect 120 days following its publication in the Federal Register. In...more
The Federal Trade Commission (FTC) conducted an open commission meeting on April 23 where the five FTC Commissioners voted on a final rule that would prevent employers from enforcing noncompetes against nearly all workers....more
The US Department of Justice’s Antitrust Division recently stated that antitrust compliance programs must include training for human resources professionals on issues such as wage-fixing and no-poach agreements in order to be...more
In 2023, cartel fines in key jurisdictions increased by 7.7%—totaling $1.4 billion—compared to 2022. While the totals remain significantly below the peaks seen in the mid-2010s, 2023 saw record fines imposed in several...more
The Federal Trade Commission (FTC), supported by the Food and Drug Administration (FDA), issued a policy statement on September 14 indicating that the FTC intends to “scrutinize improper Orange Book listings” to identify...more
With a couple of notable exceptions, cartel fines were lower in most jurisdictions in 2022 than in the prior year—and well below historical norms. Fines in the United States—long the leader in cartel enforcement—were lower...more
The Federal Trade Commission’s (FTC’s) January 5, 2023, notice of proposed rulemaking would ban businesses from entering into and maintaining noncompete clauses with workers. In this LawFlash, we answer several frequently...more
The Federal Trade Commission (FTC) announced a notice of proposed rulemaking (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential...more
While the global pandemic that began in 2020 continued throughout 2021, cartel enforcement activity increased among a number of leading enforcement jurisdictions. Overall, global fines in 2021 were up by 229 percent compared...more
1/5/2022
/ Anti-Monopoly ,
Antitrust Investigations ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Authorities ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
European Commission ,
Fines ,
Mergers
As highlighted previously, three federal banking agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) recently issued proposed risk management...more
9/10/2021
/ Alston v NCAA ,
Antitrust Provisions ,
Banking Sector ,
Competition ,
Department of Justice (DOJ) ,
FDIC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FRB ,
OCC ,
Proposed Guidance ,
Risk Assessment ,
Third-Party
In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC...more
The US Department of Labor (DOL) announced on February 19 that the Occupational Safety and Health Administration (OSHA) will begin investigating whistleblower complaints of retaliation under the Criminal Antitrust...more
Despite the challenges of an unprecedented global pandemic, cartel enforcement activity in 2020 increased in many leading enforcement jurisdictions. Corporate fines, for example, more than doubled from 2019 in the United...more
Don’t obstruct: Be professional and cooperative.
Don’t destroy documents or other evidence.
Call counsel immediately to protect your rights.
Keep a record of what is searched, what is taken, who was involved in...more
The US Congress passed S.2258, the Criminal Antitrust Anti-Retaliation Act of 2019, on December 8 and presented the bill to the president on December 11 – almost a year-and-a-half after Senator Chuck Grassley (R-IA)...more
For decades, the Federal Trade Commission has invoked Section 13(b) of the Federal Trade Commission Act to file suit in federal court in pursuit of both injunctive relief and equitable monetary relief....more
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor...more
Global cartel fine totals rebounded somewhat in 2019, approaching historical norms following two years of sharply lower fine levels.
The $6.1 billion total is the highest global fine level since 2016. Most of the increased...more
3/2/2020
/ Africa ,
Antitrust Provisions ,
Antitrust Violations ,
Asia ,
Cartels ,
Competition ,
Criminal Investigations ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
EU ,
Fines ,
South America
Welcome to the third issue of the Morgan Lewis Pharma Review, which summarizes key recent cases from the Federal Circuit and district courts that impact the pharma space, including Federal Circuit and district court decisions...more
At $3.6 billion, worldwide cartel fines in 2018 decreased by 17%, down from $4.2 billion in 2017, even though antitrust enforcers around the world continued to impose significant penalties.
These developments—as well as...more
Potentially impacting the reach of US antitrust enforcement, the Court will determine standards to apply in considering a foreign government's legal statement concerning the interpretation of its domestic law in price fixing...more
Fines significantly down, several enforcement firsts and a strong pipeline of new, mainly domestic cartel cases around the world....more
7/26/2017
/ Automotive Industry ,
Brazil ,
Cartels ,
Compliance ,
Cooperation Agreement ,
Corporate Counsel ,
Corporate Fines ,
Criminal Penalties ,
Dawn Raids ,
EU ,
Extradition ,
Financial Services Industry ,
Fines ,
FTAIA ,
India ,
Peru ,
Pharmaceutical Industry ,
Real Estate Market ,
UK ,
UK Brexit ,
Whistleblowers
Authorities launched new criminal probes, obtained guilty pleas from companies and executives and imposed hefty fines as aggressive enforcement continued.
Several significant developments occurred in cartel enforcement...more
1/18/2017
/ Africa ,
Antitrust Litigation ,
Asia ,
Australia ,
Benchmarks ,
Brazil ,
Canada ,
Cartels ,
Corporate Counsel ,
Corporate Fines ,
Criminal Penalties ,
Dawn Raids ,
Department of Justice (DOJ) ,
Enforcement ,
EU ,
Guilty Pleas ,
Middle East ,
No-Poaching ,
Pharmaceutical Industry ,
Prison ,
Sherman Act ,
Wage and Hour ,
Wage-Fixing
Cartel enforcement activity promises to remain busy In the coming months and into 2017
Cartel enforcement remains a priority for competition authorities around the world. Global cartel fines totaled more than $6...more
9/13/2016
/ Algorithms ,
Asia ,
Canada ,
Cartels ,
Colombia ,
Competition ,
Compliance ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement ,
Enforcement Authority ,
EU ,
European Commission ,
Extradition ,
Fines ,
Foreclosure ,
Foreign Exchanges ,
Germany ,
India ,
Italy ,
Pharmaceutical Industry ,
Real Estate Market ,
Russia ,
Sherman Act ,
Shipping ,
Spain ,
Subpoenas ,
Yates Memorandum ,
Young Lawyers
Global Competition Agencies Continue To Aggressively Enforce Cartel Laws -
Although some major US Department of Justice (DOJ) investigations are ending, increased international cooperation and new probes confirm...more