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No-Poach Franchise Case Dismissed Under Single-Entity Rule

Are franchisees dependent offshoots of their franchisors, or are they standalone businesses capable of independent decision-making?...more

DOJ And FTC Warn Employers That Antitrust Laws Still Apply Amid COVID-19 Pandemic

On April 13, the Federal Trade Commission’s Bureau of Competition and the Department of Justice’s Antitrust Division (the Agencies) issued a joint statement reiterating that antitrust laws protect U.S. labor markets even...more

Rarely Invoked Price-Gouging Statutes Are Now Front and Center Due to COVID-19

Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more

Antitrust Agencies Expedite Review Of Coronavirus-related Collaborations

On March 24, the Department of Justice and the Federal Trade Commission released a joint statement that provided guidance to companies interested in collaborating on efforts to “protect the health and safety of Americans...more

New DOJ Policy on Corporate Antitrust Compliance Programs Provides Guidance for In-House Counsel and Compliance Officers

On July 11, the U.S. Department of Justice rolled out a new policy to encourage stronger corporate antitrust compliance efforts. Announced by DOJ Antitrust Division head Makan Delrahim in remarks at the New York University...more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

Senate Bill Promises Antitrust Immunity to Boards That Reform Licensure in Latest State Action Defense Development

Senators Mike Lee (R-UT), Ted Cruz (R-TX) and Ben Sasse (R-NE) recently introduced a bill that would extend a limited state action immunity to state licensure boards only if states implement reforms that reduce occupational...more

Antitrust Law Issues for Health Care Providers [Video]

During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers. Key topics included: • Trends in health care competition after the ACA, with a focus...more

The State Action Doctrine: Active Supervision Reigns Supreme

On February 25, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 2015 U.S. LEXIS 1502 (2015). In the 6–3 opinion, the Court held that an action taken by...more

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