The Federal Trade Commission began the new year by issuing a sweeping proposed rule banning all non-compete agreements between employers and employees. The proposed rule would add a new subchapter to the FTC Act, and would...more
Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more
11/1/2022
/ Anti-Competitive ,
Antitrust Litigation ,
Compensation ,
Compliance ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employee Benefits ,
Enforcement ,
Federal Trade Commission (FTC) ,
Guilty Pleas ,
Hiring & Firing ,
Labor Shortage ,
No-Poaching ,
Staffing Agencies ,
Wage-Fixing
The Hart-Scott-Rodino Act (HSR Act) is a procedural statute that requires parties to notify the Federal Trade Commission (FTC) and the Department of Justice (DOJ) of proposed acquisitions that exceed certain thresholds. After...more
The DOJ’s Antitrust Division announced updates late last week to its Civil Investigative Demand (CID) form, explicitly codifying its intent to potentially use materials received in response to CIDs to launch secondary...more
9/20/2020
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Civil Investigation Demand ,
Corporate Counsel ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fifth Amendment ,
Risk Mitigation ,
Securities and Exchange Commission (SEC)
On August 16, 2019, the D.C. Circuit Court of Appeals affirmed a denial of class certification to a proposed class of shippers seeking to recover damages from Class 1 railroads for an alleged price-fixing conspiracy. The...more
8/21/2019
/ Antitrust Conspiracies ,
Antitrust Violations ,
Appeals ,
Calculation of Damages ,
Class Action ,
Class Certification ,
FRCP 23 ,
Fuel Surcharges ,
Interlocutory Appeals ,
Predominance Requirement ,
Price-Fixing ,
Railroads ,
Reaffirmation ,
Shipping ,
Vacated
On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is...more
3/4/2019
/ Administrative Proceedings ,
Administrative Remedies ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
Corporate Counsel ,
Disgorgement ,
Dismissals ,
Federal Pleading Requirements ,
Federal Trade Commission (FTC) ,
FTC Act ,
Generic Drugs ,
Illegal Profits ,
Injunctive Relief ,
Lack of Authority ,
Motion to Dismiss ,
Pharmaceutical Industry ,
Remedies ,
Restitution ,
Unfair Competition
The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more
8/8/2018
/ Antitrust Conspiracies ,
Antitrust Litigation ,
Appeals ,
Boycotts ,
Corporate Counsel ,
Determination on Remand ,
Discovery ,
Dismissals ,
Evidence ,
Expert Reports ,
Magazines ,
Publishers ,
Reaffirmation ,
Retailers ,
Reversal ,
Sherman Act ,
Summary Judgment ,
Wholesale
The U.S. Federal Trade Commission (“FTC”) announced on January 21, 2016 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised about 2.5 percent from the...more
The U.S. Federal Trade Commission (“FTC”) announced on January 15, 2015 that the dollar-based thresholds applicable to the Hart-Scott-Rodino (“HSR”) premerger notification program will be raised less than one percent from the...more