As previously alerted, the Federal Trade Commission (FTC or Commission) voted 3-2 this past April to publish and issue a final rule that (1) bans for-profit employers from entering into agreements with workers that impose a...more
On 13 May, a federal district court judge dismissed the Federal Trade Commission’s (FTC) antitrust case against private equity firm Welsh, Carson, Anderson & Stowe and affiliated entities (Welsh Carson). This matter has been...more
On Tuesday, 23 April 2024, the Federal Trade Commission (FTC or Commission) hosted a Special Open Commission Meeting, in which the Commissioners voted 3-2 to publish and issue a Final Rule that: bans for-profit employers from...more
On 22 January 2024, the Federal Trade Commission (FTC) announced new, increased thresholds and filing fees for transactions requiring premerger notification under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as...more
Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily...more
Companies in various industries are increasingly incorporating Artificial Intelligence (AI) into critical aspects of their businesses, and for good reason, as AI has the potential to confer many substantial benefits: It can...more
On 14 July 2023, the Federal Trade Commission (FTC) joined the Department of Justice Antitrust Division (DOJ) in withdrawing from three long-standing antitrust policy statements related to enforcement in the health care...more
After months of delays, on 19 July 2023, the United States Department of Justice Antitrust Division and Federal Trade Commission (collectively, the Agencies) released for public comment a draft update of their Merger...more
Introduction - On 27 June 2023, the Federal Trade Commission (FTC) and the Department of Justice–Antitrust Division (DOJ) (collectively, the Agencies) announced sweeping proposed changes to the US-premerger notification...more
Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more
On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced significant changes to its review of companies’ information sharing practices, withdrawing three policy statements that previously...more
On 3 February 2023, the U.S. Department of Justice Antitrust Division (Division) announced its withdrawal of three long-standing antitrust policy statements related to enforcement in the health care industry. The policy...more
The Federal Trade Commission (FTC) has kicked off 2023 by unveiling a Notice of Proposed Rulemaking (Proposed Rule) that would ban companies from entering into noncompete agreements with their workers and render void all...more
In this episode, Darlene Davis, Andrew Ruskin, and Lauren Norris Donahue review data that is now available in light of the hospital price transparency rule. They discuss the recent increase in compliance among hospitals,...more
Companies operating in the United States encounter numerous legal and regulatory issues arising from doing business in the world’s largest economy. Anticipating and dealing appropriately with those issues can improve markedly...more
Despite the unprecedented efforts and measures undertaken by governments across the world to mitigate the economic impact of the COVID-19 pandemic, it is an unfortunate but inevitable outcome that a number of businesses are...more
The legal landscape surrounding price gouging has changed dramatically over the past several weeks and continues to do so. When COVID-19 first reached the United States, several states had yet to enact price gouging...more
The U.S. Department of Justice Antitrust Division (“Division”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) issued a joint statement on April 13, 2020, warning employers, staffing companies, and...more
The impacts of the COVID-19 pandemic are affecting nearly every industry around the world, creating unprecedented issues and challenges for businesses. Given these challenges, it is understandable if antitrust compliance is...more
On March 9, 2020, the Department of Justice (“DOJ”) Antitrust Division released a public warning to the business community that they must remain compliant with U.S. antitrust laws in the midst of the global health and...more
The Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC”) recently released a draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984. ...more
I. INTRODUCTION -
Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities....more
The Department of Justice Antitrust Division and the Federal Trade Commission recently released a long-awaited draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984. ...more
Over the past few years, the Department of Justice (“DOJ”) Antitrust Division (“Antitrust Division”) has made numerous comments about an increased focus on rooting out anticompetitive conduct in government procurement,...more
An Effective Program May Be More Valuable Than Ever Under A New DOJ Policy -
The U.S. Department of Justice Antitrust Division (“Antitrust Division”) recently announced that it will now consider a company’s antitrust...more