News & Analysis as of

Antitrust Provisions Non-Compete Agreements Federal Trade Commission (FTC)

Sherman & Howard L.L.C.

New FTC Noncompete Ban Temporarily Blocked

A federal District Court in the Northern District of Texas, Dallas Division, has issued a limited injunction against the Federal Trade Commission’s (FTC) recently announced rule against employers using non-competition...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

WilmerHale on

In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Manatt, Phelps & Phillips, LLP

[Webinar] Preparing for the Future of Health Care Antitrust Scrutiny - June 11th, 12:00 pm - 1:00 pm PST

Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments. Proper...more

Bass, Berry & Sims PLC

Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to...more

Polsinelli

Vote Scheduled for FTC Final Rule Banning Non-Competes – What You Need to Know

Polsinelli on

FTC Final Rules Banning Non-Competes Vote Next Tuesday - As you know, last year, the FTC issued a proposed rule banning virtually all non-compete agreements (which does not include non-solicitation agreements,...more

Epstein Becker & Green

Five Commissioners and a Vote on Noncompetes to Come

Epstein Becker & Green on

The Federal Trade Commission (FTC) is once again operating with a full five-Commissioner slate....more

McDermott Will & Emery

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

BakerHostetler

Live Updates - ABA Antitrust Spring Meeting, Washington, D.C.

BakerHostetler on

The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C....more

Ballard Spahr LLP

FDIC Proposes Limitations on Use of Non-Competes

Ballard Spahr LLP on

On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Carlton Fields

New Merger Guidelines Cap Off a Year of Hostility to Employers — 2023 Closes With Antitrust Agencies’ Most Radical Foray Yet

Carlton Fields on

The year in antitrust began apace on January 5 with the release of the Federal Trade Commission’s proposed rule banning all employer-employee noncompete agreements. At mid-year, the FTC and the Antitrust Division of the...more

Axinn, Veltrop & Harkrider LLP

Clock is Ticking on New York's Non-Compete-Ban Bill

While many in the antitrust community have been focused on the FTC’s proposed ban of non-competes, the states also have been active in this area. Earlier this year, the New York legislature passed a broad non-compete ban,...more

Cozen O'Connor

NAAG Hosts Antitrust Bootcamp: Antitrust Issues Related To Non-Competes, AI And Healthcare

Cozen O'Connor on

The non-compete panel comprised of Maine AG Aaron Frey, University of Wisconsin Professor Peter Carstensen, US DOJ Principal Economist Ioana Marinescu, and FTC Bureau of Competition Deputy Director Rahul Rao, first discussed...more

Cozen O'Connor

NAAG Hosts Antitrust Bootcamp: What The History Of Antitrust Means For Today’s Economy

Cozen O'Connor on

The National Association of Attorneys General (NAAG)’s Eastern Region Meeting, held August 1-3, 2023 in Connecticut in conjunction with the Attorney General Alliance, included an “Antitrust Bootcamp” that surveyed the history...more

Foley & Lardner LLP

“If It’s Not Broken, Don’t Fix Break It”— The FTC Targets the Franchise Business Model

Foley & Lardner LLP on

Historically, the Federal Trade Commission (FTC) has shied away from regulating the substance of franchisor-franchisee relationships. A recent FTC press release, however, suggests this may soon change. If so, it is by no...more

Foley & Lardner LLP

Antitrust: Heightening Expansion, Review, and Enforcement

Foley & Lardner LLP on

Manufacturing companies should actively prepare for heightened antitrust scrutiny of their business practices in 2023, including practices that have not traditionally garnered the focus of the federal antitrust enforcers. ...more

Constangy, Brooks, Smith & Prophete, LLP

Sports law may have a partial fix for FTC noncompete ban

The non-statutory labor exemption might help some employers. On January 5, the U.S. Federal Trade Commission issued a proposed rule that, if implemented, would ban nearly all post-employment covenants not to compete...more

Paul Hastings LLP

FTC Condemns Noncompetes: An Antitrust Perspective on Practical Next Steps for Companies

Paul Hastings LLP on

The FTC recently concluded that many noncompete agreements between employers and employees violate federal antitrust law. These actions represent a rejection of the centuries-old principle that noncompete provisions are...more

Morrison & Foerster LLP

FTC Proposes Sweeping Ban of Employee Non-Competes

On January 5, 2023, the Federal Trade Commission (FTC) issued a proposed rule broadly seeking to ban non-compete agreements with nearly all U.S. workers, with only limited exceptions. The proposed rule would: •make it...more

Fenwick & West LLP

The FTC Continues to Broaden Its Enforcement Authority to Pursue Chair Khan’s Agenda

Fenwick & West LLP on

On July 9, 2021, just days into her tenure as Federal Trade Commission (FTC or Commission) Chair, Lina Khan led the Commission’s charge to rescind the agency’s 2015 policy statement (2015 Statement) on its approach to...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

McDermott Will & Emery

FTC Takes Action Limiting Overbroad M&A Non-Compete

McDermott Will & Emery on

WHAT HAPPENED - • GPM Investments (GPM) acquired 60 gas stations from Corrigan Oil (Corrigan). • As part of the acquisition agreement, Corrigan agreed not to compete for a period of time with the gas stations purchased...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

Holland & Knight LLP on

The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Seyfarth Shaw LLP

US Department of Treasury Takes Aim at Non-Compete Agreements

Seyfarth Shaw LLP on

On March 7, 2022, the US Department of the Treasury issued a report entitled “The State of Labor Competition,” (the “Report”) making clear once again that the regulation of anti-competitive practices, including curtailing the...more

Goodwin

Antitrust + Competition Life Sciences Quarterly Update - Q1 2022

Goodwin on

Despite the aggressive rhetoric, the change in the leadership and composition at the U.S. Federal Trade Commission (FTC) did not result in more enforcement in 2021. As the calendar turned to 2022, the FTC seems to be stepping...more

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