The Federal Trade Commission (FTC) recently submitted comments in opposition to a renewed application for a certificate of public advantage (COPA) that would, if granted, allow two hospitals in Indiana to merge despite...more
The Federal Trade Commission (FTC) recently issued its financial performance report for fiscal year (FY) 2024.
The Office of Management and Budget requires a financial performance report on an annual basis. The FY 2024...more
On October 31, 2024, the U.S. House Committee on Oversight and Accountability (“Committee”) released its staff report (“Report”) entitled “The Federal Trade Commission Under Chair Lina Khan: Undue Biden-Harris White House...more
Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), recently delivered remarks at the annual Fordham Competition Law Institute’s International Antitrust Law and...more
Jonathan Kanter, Assistant Attorney General for the Antitrust Division at the U.S. Department of Justice, kicked off the second annual Spring Enforcers Summit in Washington, DC, on March 27, 2023....more
On September 22, 2022, Commissioner Alvaro Bedoya of the Federal Trade Commission (FTC) delivered a speech entitled “Returning to Fairness,” challenging basic tenets of antitrust law and current enforcement....more
The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more
Price-fixing agreements among horizontal competitors raise significant antitrust concerns under Section 1 of the Sherman Act....more
In early June, the Federal Trade Commission (FTC) exercised its authority under Section 6(b) of the Federal Trade Commission Act and launched an inquiry into prescription benefit managers (PBMs)....more
On January 28, 2022, a federal grand jury in Maine returned an indictment charging four managers of home health care agencies with participating in a conspiracy to suppress the wages and restrict the job mobility of Personal...more
2/10/2022
/ Antitrust Division ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Healthcare Facilities ,
Home Health Care ,
Human Resources Professionals ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
On November 9, 2021, Federal Trade Commission (FTC) Commissioner Christine Wilson addressed the American Bar Association Antitrust Law Section’s 2021 Fall Forum. Her prepared comments, entitled “The Neo-Brandeisian...more
Unlawful tying occurs when an entity with market power in one product (the “tying” product) agrees to sell that product but only on the condition that the buyer also agrees to buy a second product (the “tied” product), or at...more
As organizations are working to respond to the 2019 novel coronavirus (known as “COVID-19”), the U.S. Department of Justice (“DOJ”) issued a reminder that emergency efforts do not negate the requirement to adhere to the...more
3/13/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Bid Rigging ,
Competition ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Justice (DOJ) ,
Emergency Response ,
Infectious Diseases ,
Preventive Health Care ,
Price-Fixing ,
Public Health
Providers that are not financially or clinically integrated must keep separate operations. This can extend to the use of a common agent for the non-integrated providers. The U.S. Department of Justice and Federal Trade...more
The Antitrust Division of the U.S. Department of Justice (“DOJ”) recently released guidance outlining how DOJ evaluates antitrust corporate compliance programs as part of its Corporate Leniency program. This guidance...more
The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more
Section 1 of the Sherman Act prohibits any “contract, combination ... or conspiracy, in restraint of trade or commerce.” As a result, in order to establish a viable claim under this section, there must be factual evidence of...more
Section 1 of the Sherman Act, 15 U.S.C. § 1, prohibits “every contract, combination … or conspiracy, in restraint of trade or commerce.” Determining whether such a “contract, combination … or conspiracy” (i.e., the agreement...more
Unlawful tying involves an agreement between a buyer and a seller whereby the seller conditions the sale of a good or service in one market (the “tying” product) upon the buyer’s agreement to buy a second good or service (the...more
In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more
3/15/2018
/ Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Wage-Fixing