News & Analysis as of September 26, 2024

European Union › No-Poaching

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Brussels Regulatory Brief: Summer 2024

K&L Gates LLP on 9/4/2024

Antitrust and Competition - The European Commission Opens an Investigation into Alleged Market Allocation and No-Poach Agreements in the Online Food Delivery Sector - On 23 July 2024, the Commission opened an antitrust...more

European Competition Law Newsletter – August 2024

McGuireWoods LLP on 8/2/2024

European Commission Closes Disparagement Investigation by Accepting Commitments - Under EU and many national competition laws, illegal abuse of a dominant position can take many forms. One such abuse is disparagement, the...more

Labor Markets in the Focus of European Competition Law

McDermott Will & Emery on 7/26/2024

In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more

European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

Skadden, Arps, Slate, Meagher & Flom LLP on 6/24/2024

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

Key antitrust findings - May 2024

A&O Shearman on 6/6/2024

This newsletter is a summary of the antitrust developments we think are most interesting to your business. David Higbee (Global Head of Antitrust) and Dominic Long (Global Deputy Head of Antitrust) are our editors this month....more

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

White & Case LLP on 5/23/2024

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on 2/16/2024

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Infrastructure Insights - October 2023

Latham & Watkins LLP on 10/26/2023

EU Court Ruled on FDI Screening Limits - Implications for Investors - The Court of Justice of the European Union’s first decision on foreign direct investment (FDI) screening limits the scope of the EU FDI Screening...more

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on 9/29/2023

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

Morrison & Foerster LLP on 7/12/2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Antitrust in focus - May 2023

A&O Shearman on 5/26/2023

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Pieter Huizing, partner based in Amsterdam, is our editor this month (learn more about Pieter in our Q&A feature at...more

Will Europe Follow the Proposed U.S. Ban on Non-competes?

Littler on 5/3/2023

The U.S. Federal Trade Commission (FTC) announced on January 5, 2023 a proposed ban on non-competes across the United States. With large global employers considering the implications of the proposed rulemaking, we reached out...more

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on 4/20/2023

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

Non-Compete and No-Poach Agreements: Towards Convergence of the US and EU Approaches?

Sheppard Mullin Richter & Hampton LLP on 3/21/2023

Following up on an earlier blog post outlining the United States Federal Trade Commission’s (“FTC”) increased regulatory action against non-compete agreements in employment contracts, a view across the pond reveals that...more

Quarterly Cartel Catch-Up: Year-End Edition 2022

Morrison & Foerster LLP on 12/21/2022

In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Morrison & Foerster LLP on 5/10/2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Global Franchise Regulation Update - March 2022

Lathrop GPM on 3/28/2022

New Standard Contract Language for Data Transfers Facilitates Lawful Personal Data Transfers to/from EU and U.S. - In response to the EU Court of Justice Schrems II opinion, which declared that the former EU-US Privacy...more

2021 Energy and Chemicals Antitrust Report

Vinson & Elkins LLP on 1/19/2022

Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more

European Commission Announces Wave of Dawn Raids

Cooley LLP on 11/10/2021

On 22 October 2021, European Commission Executive Vice President and Competition Commissioner Margrethe Vestager invoked a new era for cartel enforcement in the EU, announcing: A wave of dawn raids in the coming months....more

Wage Watchers in Brussels - European Commission focuses on agreements in the labour market

Hogan Lovells on 11/3/2021

Antitrust authorities are increasingly focused on anticompetitive agreements in the labour markets. In a recent speech held in Rome on 22 October 2021 ("A New Era of Cartel Enforcement"), EU Competition Commissioner Margrethe...more

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

Latham & Watkins LLP on 1/31/2020

M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

No-Poach Prosecutions: A Growing Problem for Private Equity?

Latham & Watkins LLP on 12/9/2019

Buyout firms and portfolio companies should take note of heightened scrutiny of HR and employment practices by antitrust enforcers, both in the US and in Europe. No-poach and wage-fixing agreements — arrangements between...more

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

A&O Shearman on 7/24/2019

Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Antitrust, Competition, and Economic Regulation Quarterly Newsletter - Winter 2019

Hogan Lovells on 4/3/2019

Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter. ...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Winter 2019

Morrison & Foerster LLP on 3/19/2019

We summarize below some of the most significant cartel enforcement developments from U.S. and other antitrust enforcers, including policy shifts, investigations, case filings, and court rulings. This report summarizes...more

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European Union › No-Poaching

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