On September 21, 2023, the Federal Trade Commission (FTC) filed a groundbreaking complaint in federal court against PE fund Welsh Carson and its portfolio company, U.S. Anesthesia Partners (USAP), making good on its promise...more
9/26/2023
/ Acquisitions ,
Antitrust Division ,
Business Litigation ,
Class Action ,
Federal Trade Commission (FTC) ,
FTC Act ,
Portfolio Companies ,
Private Equity Firms ,
Private Equity Funds ,
Private Funds ,
Section 7 ,
Section 8 ,
The Clayton Act
Key Points -
The U.S. Supreme Court held that litigants can bring constitutional challenges in federal district court against the FTC and SEC without fully exhausting administrative proceedings....more
The proposed rule would prohibit employers nationwide from restricting an employee from working at another company post-employment. As drafted, the rule would have retroactive effect and require employers to rescind any...more
1/16/2023
/ Comment Period ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
Policy change expands the Agency’s oversight under Section 5 of the FTC Act and abandons the application of the “Rule of Reason.”...more
On Wednesday, in a letter to U.S. Federal Trade Commission (FTC) Chair Lina Khan, U.S. President Joe Biden urged the FTC to investigate potential anticompetitive conduct in the oil and gas industry....more
On April 22, in AMG Capital Management v. FTC, the Supreme Court unanimously struck down one of the Federal Trade Commission’s key enforcement tools....more