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U.S. Regulatory Hurdles for a PGA/PIF Merger

The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more

FTC Webinar Provides Additional Guidance on Final Rule Banning Noncompete Agreements

As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more

New DOJ Task Force Will Scrutinize Health Care Industry for Antitrust Issues

A new federal antitrust task force will focus on investigations in health care markets, and, where warranted, civil and criminal enforcement, the Department of Justice announced....more

JAMS Issues Rules Governing Disputes Involving Artificial Intelligence Systems

Judges are beginning to address the increasing use of AI tools in court filings—including reacting to instances of abuses by lawyers using it for generative purposes and requiring disclosures regarding the scope of AI use in...more

FTC Votes to Ban Noncompete Agreements in Employment Contracts

The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more

Antitrust Enforcers Amp Up Focus on Private Equity Acquisitions in the Health Care Market

Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more

Draft Merger Guidelines Demonstrate Continued Focus of DOJ and FTC on Labor Market

Summary - The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more

ESG Initiatives Come Under Increasing Antitrust Scrutiny

Summary - Companies across all sectors of the economy—car manufacturers, apparel brands, banks, utilities, insurers, and asset managers—are increasingly working within their respective industries’ sustainability...more

FTC Proposes Major Overhaul of Merger Filing Requirements

Summary - The Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, published a Notice of Proposed Rulemaking (Proposed Rule) aiming to revamp the premerger notification...more

Antitrust Law Adds to the Consumer Finance Regulatory Arsenal

Regulatory scrutiny and class action litigation relating to the consumer financial services (CFS) industry have typically focused on issues of disclosure, customer privacy, and fees charged to consumers. CFS lawyers are...more

DOJ Withdraws Health Care Antitrust Policy Statements

Summary - The DOJ upended health care antitrust enforcement guidance last Friday by withdrawing previous guidance from 1993, 1996, and 2011 it characterized as “overly permissive on certain subjects,” stating that it no...more

Federal Trade Commission Seeks to Ban Non-Compete Agreements

Summary - The Federal Trade Commission (FTC) kicked off the new year with two actions aimed at banning non-compete agreements between employers and workers. On January 5, the FTC issued a Notice of Proposed Rulemaking...more

FTC Seeks to Ban Noncompete Agreements

Following the Federal Trade Commission’s announcement late last year that the Agency would use Section 5 of the FTC Act to police aggressively conduct it deems unfair (see our Legal Alert), the Agency kicked off the New Year...more

What Companies Need to Know about the DOJ's Recent Targeting of Interlocking Directorates

Summary - Earlier this year, the head of the Antitrust Division at the U.S. Department of Justice, Jonathan Kanter, signaled that the agency would be ramping up its investigation of companies with interlocking directorates...more

Third Circuit Affirms Decision Enjoining Hackensack Meridian - Englewood Merger

Summary - The Third Circuit upheld the district court’s decision to grant a preliminary injunction enjoining the merger between Englewood Healthcare Foundation and Hackensack Meridian Health, Inc., handing a victory to the...more

Antitrust Agencies Release New Vertical Merger Guidelines

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more

FTC and DOJ Announce Monitoring of Employer Coordination that Disadvantages Workers During COVID-19

The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more

FTC and DOJ Announce Expedited Antitrust Procedure and Guidance for Coronavirus Public Health Efforts

The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more

$5 Million Penalty Underscores Importance of Antitrust Compliance in M&A Transactions

The Federal Trade Commission (FTC) announced yesterday that Canon Inc. and Toshiba Corporation agreed to pay a $2.5 million fine each to settle charges that the two companies violated the Hart-Scott-Rodino Act by failing to...more

FTC Scores Another Victory in FTC v. Advocate Health Care Network

The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more

FTC and DOJ Release Antitrust Guidance for HR Professionals

The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more

FTC Wins Key Appellate Victory in FTC v. Penn State Hershey Medical Center

The Federal Trade Commission (FTC) won a decisive victory today in its efforts to slow the record pace of health care provider consolidation, when the U.S. Court of Appeals for the Third Circuit reversed a District Court's...more

FTC Finally Loses a Hospital Merger Challenge … Now What?

Handing the Federal Trade Commission (FTC) its first defeat in a federal court hospital merger challenge in more than a decade, a federal district court judge yesterday denied the joint request of the FTC and the Attorney...more

FTC and DOJ Shine the Spotlight on Conditional Pricing Practices

Signaling increased interest in conditional pricing, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recently held a one-day workshop to examine the economic, legal, and policy...more

Court Endorses FTC Authority To Require Special Reporting for Pharmaceutical Licenses

A federal court has endorsed the Federal Trade Commission’s authority to adopt regulations under the Hart-Scott-Rodino (HSR) Act that target specific industries. In Pharmaceutical Research and Manufacturers of America v....more

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