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DOJ’s Top Antitrust Official Turns Spotlight on Broadened Scope of Bank Merger Enforcement

In the wake of major bank failures in the US, the Department of Justice (DOJ) has signaled that it plans to step up antitrust enforcement of bank mergers. In June 2023, the DOJ’s Assistant Attorney General for Antitrust...more

No-Poach Approach Continues: UK Regulator Warns Employers About Anticompetitive Practices

Following the US Department of Justice’s first criminal conviction for labor market antitrust violations in October 2022, and with scrutiny of labor agreements increasing internationally, the UK Competition and Markets...more

Proposed FTC Rule Would Ban Most Noncompete Agreements

On January 5, 2023, the Federal Trade Commission published a proposed rule that would categorically ban noncompete agreements between employers and a broad class of “workers,” including independent contractors and unpaid...more

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

DOJ Secures First Criminal Conviction, Labor Agreement Scrutiny Increases Internationally

The Department of Justice (DOJ) Antitrust Division secured its first win in a criminal enforcement of labor market antitrust violations on October 27, 2022, when nurse staffing company VDA OC pleaded guilty to violating...more

DOJ Focusing Antitrust Scrutiny on the Boardroom: Is Your Board Ready?

In April 2022, Assistant Attorney General Jonathan Kanter, head of the US Department of Justice’s Antitrust Division, fired a warning shot to companies: “For too long, our Section 8 enforcement has essentially been limited to...more

Bedoya Confirmation Puts Democrats Back in Control of Privacy, Antitrust Enforcement at FTC

On May 16, 2022, eight months after President Joe Biden announced his intention to nominate Alvaro Bedoya to serve as a commissioner of the Federal Trade Commission, Bedoya was sworn in. The FTC includes five commissioners –...more

FTC Commissioners Ponder Future of Section 13(b) and Alternative Enforcement Mechanisms

Nearly a year after the Supreme Court stripped the FTC of its ability to obtain equitable monetary relief under Section 13(b) of the Federal Trade Commission Act (FTCA) in AMG Capital Management LLC v. FTC, the Commission...more

DOJ Loses First Wage-Fixing and No-Poach Cases as Juries Acquit

The Department of Justice’s first criminal wage-fixing and no-poach cases ended in acquittals, but we don’t expect this will lessen the DOJ’s scrutiny on competition in labor markets....more

Is DOJ Looking to Bring Criminal Charges Under Sherman Act’s Section 2? ‘Yes, Absolutely’

On March 2, 2022, Richard Powers, the deputy assistant attorney general of the Antitrust Division of the US Department of Justice, said that the division is prepared – for the first time in decades – to bring criminal charges...more

Is DOJ Looking to Bring Criminal Charges Under Sherman Act’s Section 2? ‘Yes, Absolutely’

On March 2, 2022, Richard Powers, the deputy assistant attorney general of the Antitrust Division of the US Department of Justice, said that the division is prepared – for the first time in decades – to bring criminal charges...more

European Commission Announces Wave of Dawn Raids

On 22 October 2021, European Commission Executive Vice President and Competition Commissioner Margrethe Vestager invoked a new era for cartel enforcement in the EU, announcing: A wave of dawn raids in the coming months....more

Blog: FTC Notice of Penalty Offense – What it is, what it isn’t, and what to do next

The FTC announced that it had issued Notices of Penalty Offense to for-profit colleges and was cracking down on unfair and deceptive conduct in the education marketplace. During a closed press conference last week, the...more

Alert: President Biden’s Executive Order on Competition: Three Important Takeaways for Tech and Life Sciences Companies

On July 9, President Joe Biden issued an executive order on “Promoting Competition in the American Economy.” With 72 initiatives and directives by more than a dozen federal agencies, the order seeks to aggressively “reduce...more

Alert - AMG v. FTC: US Supreme Court Severely Limits FTC’s Ability to Seek Monetary Relief

The US Supreme Court ruled last week that the Federal Trade Commission doesn’t have the authority to seek equitable monetary relief in federal court under Section 13(b) of the FTC Act in AMG Capital Management LLC v. FTC....more

Alert: FTC Requires App Developer to Obtain Users’ Express Consent for Use of Facial Recognition

The Federal Trade Commission announced on January 11 that Everalbum, the developer of the photo storage application called Ever, settled allegations that it deceived users about its use of facial recognition technology and...more

Alert: DOJ Criminally Prosecutes First No-Poach Agreement on Heels of First Criminal Wage‑Fixing Indictment

After years of foreshadowing, the DOJ has made true on its promise to criminally prosecute “no-poach agreements,” announcing on January 7, 2021, that a grand jury indicted Surgical Care Affiliates LLC (SCA), a unit of...more

Alert: COVID-19: Antitrust Implications of Dynamic Pricing, Online Third-Party Seller Platforms and Price Gouging

COVID-19 has disrupted supply and demand for public health products and other essential goods and services. In response to surging demand, prices for many of these items have increased sharply. These increases have drawn...more

Alert: Antitrust Trends in 2019: Enforcement Watch List for the Year to Come

As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more

Alert: Ninth Circuit Rescues FTC Authority Over Common Carriers’ Non-Carrier Services

The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more

Alert: Antitrust 2018: Trends and Developments to Watch

1. Trump’s appointments set the antitrust agenda for 2018 - Almost a year into the Trump Administration, leadership at the Department of Justice Antitrust Division is now set. The Senate confirmed Makan Delrahim as...more

Alert: Antitrust 2017: Trends and Developments to Watch

1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more

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