On April 23, 2024, the Federal Trade Commission (FTC) voted to publish a final rule that, effective 120 days after publication, will ban the use of non-compete clauses nationwide, classifying such clauses as an unfair method...more
On December 18, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the Agencies”) released the 2023 Merger Guidelines (the Merger Guidelines). The substance of the new guidelines does not stray...more
In recent court filings and public comments, the Department of Justice Antitrust Division (“DOJ” or “the Division”) has stated that price fixing using algorithmic software is per se illegal under the antitrust laws. These...more
On June 30, 2023 the U.S. District Court for the Northern District of Illinois granted a summary judgment motion filed by Hogan Lovells’ antitrust litigation team on behalf of its client Agri Stats, a company that provides...more
On July 19, 2023 the Federal Trade Commission (FTC) and Department of Justice (DOJ) (“the agencies”) released their 2023 Draft Merger Guidelines (the “2023 draft guidelines” or the “revised guidelines”). The publication of...more
On July 14, 2023 the Federal Trade Commission (FTC) announced that it is withdrawing two antitrust policy statements related to antitrust enforcement in health care markets (the policy statements). Specifically, the FTC is...more
On 3 February 2023 the Department of Justice (DOJ) announced that it is withdrawing from certain policy statements related to antitrust enforcement in healthcare. Specifically, DOJ is withdrawing “safe harbors” for...more
The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more
Join the Hogan Lovells Antitrust and Competition team on Thursday, December 9, 2021 where we will look back at the major competition-related events of 2021 and what we can expect next year.
- What to expect for merger...more
Join the Hogan Lovells Antitrust and Competition team on Thursday, June 10, 2021 where we will discuss current issues in antitrust class actions in both the U.S. and EU/U.K., including:
- Current case developments related...more
The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more
On 23 March 2020 the U.S. Court of Appeals for the Seventh Circuit issued a decision on NoerrPennington's sham exception, increasing a circuit split on the proper analysis of "serial petitioning" claims. U.S. Futures...more
Read the latest news on antitrust, competition, and economic regulation in this summer edition of our quarterly ACER newsletter.
...more
9/19/2018
/ Algorithms ,
Anti-Competitive ,
Anti-Steering Rules ,
Antitrust Provisions ,
Antitrust Violations ,
AT&T ,
China ,
Competition ,
Competition Act ,
EU ,
Excessive Pricing ,
False Advertising ,
Foreign Investment ,
Internet Retailers ,
Legislative Agendas ,
Merger Controls ,
Monopolization ,
National Health Service Corp (NHSC) ,
Ohio v American Express ,
Pfizer ,
Pharmaceutical Industry ,
Prescription Drugs ,
Regulatory Oversight ,
Regulatory Standards ,
SCOTUS ,
Single Entity Rule ,
Telecommunications ,
Time Warner ,
UK ,
UK Competition and Markets Authority (CMA) ,
UK Competition Appeal Tribunal (CAT) ,
Unfair or Deceptive Trade Practices
On 25 June the U.S. Supreme Court ruled in Ohio v. American Express that American Express (Amex) did not violate the federal antitrust laws by directing merchants not to "steer" cardholders to alternative credit cards as a...more
6/28/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
Read the latest news on antitrust, competition and economic regulation (ACER) in this summer's edition of our quarterly ACER newsletter.
...more
6/13/2017
/ Anti-Steering Rules ,
Antitrust Provisions ,
Cartels ,
Competition ,
Competition Act ,
Department of Justice (DOJ) ,
Digital Platform Liability ,
Disgorgement ,
Excessive Pricing ,
Federal Trade Commission (FTC) ,
Instagram ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
Social Media ,
Trump Administration
Despite a recent decision by the Second Circuit suggesting that anti-steering contractual provisions in other industries may not be anticompetitive, DOJ’s lawsuit (United States v. Carolinas HealthCare System) against...more