President Donald Trump signed the executive order “Reducing Anti-Competitive Regulatory Barriers” on April 9, 2025, directing federal agencies to identify and reform regulations that unnecessarily restrict market competition....more
In the final days of the Biden administration and on the eve of significant agency turnover, the US Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued a new set of guidelines addressing...more
1/23/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Independent Contractors ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The past year marked the culmination of the Biden antitrust era. Under assertive leadership, the Federal Trade Commission (FTC) and the United States Department of Justice Antitrust Division (DOJ) adopted a more aggressive...more
1/20/2025
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mergers ,
Non-Compete Agreements ,
Unfair Competition
On the eve of a new administration, the Federal Trade Commission (FTC) filed its first price-discrimination action under the Robinson-Patman Act (RPA) since 2000. The FTC sued Southern Glazer’s Wine and Spirits LLC in US...more
The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ’s) Antitrust Division have announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors (the Collaboration Guidelines). While...more
The Federal Trade Commission (FTC) on July 12, 2024 released a policy statement warning that the use of contract provisions that prohibit franchisees from communicating with the government about legal violations are unlawful....more
With the J.P. Morgan Healthcare Conference taking place in San Francisco this week, what better time for an update on the Orange Book? The US Federal Trade Commission (FTC), supported by the US Food and Drug Administration...more
The Federal Trade Commission (FTC), supported by the Food and Drug Administration (FDA), issued a policy statement on September 14 indicating that the FTC intends to “scrutinize improper Orange Book listings” to identify...more
The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more
The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more
Car buying has evolved since the creation of state automotive franchise and dealer laws. The internet has brought virtually every consumer buying experience online, yet new vehicle sales are still largely a brick-and-mortar...more
A bipartisan group of lawmakers in the US House of Representatives’ Judiciary Antitrust Subcommittee recently voted three bills out of committee that target the pharmaceutical industry practices of so-called “reverse...more
8/16/2021
/ AMG Capital Management LLC v FTC ,
Antitrust Violations ,
Biosimilars ,
Competition ,
Exclusive Licenses ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Generic Drugs ,
Hatch-Waxman ,
Manufacturers ,
Noerr-Pennington Doctrine ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor...more