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FTC Targets Contractual Restrictions on Voluntary Cooperation

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct...more

DOJ Withdraws Healthcare Antitrust Policy Statements

The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

Antitrust Challenge to McDonald’s No-Poach Restriction Evaluated Under the Rule of Reason

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a...more

The Race for Leniency Just Got Tighter: Updated DOJ Antitrust Policy Requires Prompt Reporting and Remediation

The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022. Under that policy, the first company or individual to report a criminal...more

DOJ Update Underscores Risks when Responding to Antitrust CIDs

The Antitrust Division (Division) of the U.S. Department of Justice (DOJ) announced an update to its Civil Investigative Demand (CID) forms and its investigative deposition process on September 10. When conducting civil...more

“See Something, Say Something”: Prompt Reporting of Criminal Antitrust Violations Is Critical

When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one...more

2019 ABA Antitrust Spring Meeting: Federal and State Antitrust Enforcement Takeaways

The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions...more

The Calm Before the Storm—Are You Prepared for an Antitrust Search Warrant?

From 2010 to 2015, the Antitrust Division of the U.S. Department of Justice filed criminal charges against more than 120 corporations and more than 350 individuals, and collected fines and penalties of more than $8 billion....more

DOJ Seeks Public Comments on Paramount Decrees, Creates Critical Moment for Movie Industry

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are...more

Will Your Antitrust Compliance Program Detect a Violation?

The Antitrust Division of the U.S. Department of Justice (DOJ) hosted a roundtable discussion on criminal antitrust compliance programs recently. Lawyers from corporate law departments and law firms, as well as from foreign...more

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