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Non-Compete Agreements › Department of Justice (DOJ) › Antitrust Division

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
Venable LLP

Event in Review: Antitrust in Healthcare: The Good, the Bad, and the Ugly

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Investment in the healthcare industry requires careful consideration, as it involves numerous distinct areas of the law. Venable's Private Equity Investment in Healthcare webinar series explores the unique issues and timely...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Under Biden: Taking a Closer Look at the Numbers

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Leading up to the U.S. presidential election this November, our Antitrust & Competition team continues to offer insights into what antitrust enforcement may look like under the next presidential administration. As we look...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

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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

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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

Hinch Newman LLP

FTC Chair Testifies Before House Subcommittee to Discuss Ongoing Work

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On May 15, 2024, the Federal Trade Commission Chair Lina M. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss the agency’s FY 2025 budget request and ongoing...more

Axinn, Veltrop & Harkrider LLP

HealthyCompetition.gov Portal Seeks Public Input on Healthcare Industry Practices

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Expanding the range of ways they can identify and investigate potential competition concerns in healthcare, DOJ, FTC, and HHS recently announced the introduction of HealthyCompetition.gov, a new portal through which the...more

WilmerHale

ABA Spring Meeting Sessions: Key Highlights From US Antitrust Enforcers’ Statements (April 10-12, 2024)

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Below is a summary of some of the most important points made by antitrust enforcers who participated in panels at the ABA Antitrust Section’s annual Spring Meeting....more

Morrison & Foerster LLP

Full Steam Ahead for Cartel Enforcement in 2024

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As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Troutman Pepper

California DOJ to Ramp Up Criminal Antitrust Enforcement

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On March 6, the California Department of Justice’s (California DOJ) Antitrust Chief Paula Blizzard, announced at the American Bar Association’s National Institute on White Collar Crime that her office is planning to...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

White & Case LLP

Major proposed changes to US antitrust rules present new hurdles

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Under the Biden administration, the US antitrust agencies—the Federal Trade Commission (FTC) and Department of Justice, Antitrust Division (DOJ)—have proposed widespread changes to antitrust policy, creating uncertainty for...more

Foley & Lardner LLP

2023 Update on Antitrust Enforcement in Labor and Employment

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The year 2023 will be remembered as a milestone for the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC, and, together with the DOJ, the “Agencies”) in their efforts to expand antitrust enforcement to labor...more

Bracewell LLP

FTC Proposes Sweeping Changes to US Merger Filing Requirements

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On June 27, 2023, the Federal Trade Commission (FTC), in concurrence with the Antitrust Division of the US Department of Justice (DOJ), announced a proposal to drastically overhaul the Hart-Scott-Rodino (HSR) premerger...more

Spilman Thomas & Battle, PLLC

NLRB’s GC Piles on to Increase Regulatory Scrutiny of Non-Compete Agreements

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As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC...more

Smith Gambrell Russell

NLRB General Counsel Declares Most Non-Compete Provisions Illegal Under the NLRA

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On May 30, 2023, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers concluding that most...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

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On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

Jenner & Block

Client Alert: Acquittal of Aerospace Employees Marks the Department of Justice’s Fourth, and Most Damaging, Criminal No-Poach Loss

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United States District Court Acquits all Defendants in US v. Patel - On April 28, 2023, the United States District Court for the District of Connecticut acquitted the defendants in US v. Patel of the charges of conspiring...more

White & Case LLP

CMA joins the global pack and signals increased antitrust scrutiny of labour markets

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The UK antitrust authority, the CMA, has recently published a guide for employers on how to avoid breaching UK antitrust law in labour markets. This publication signals the UK's intent to ratchet up antitrust scrutiny of...more

Jackson Lewis P.C.

Against the Evidence: How the FTC Cast Aside the Input of Experts at Its Own Non-Compete Workshop

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The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

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Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Vinson & Elkins LLP

In Back-to-Back Consent Orders, FTC Doubles Down on Private Equity and Non-Compete Enforcement

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In a pair of unanimous decisions, the Federal Trade Commission this week issued consent orders resolving challenges to two acquisitions. Both enforcement actions focus on top priorities of the Biden antitrust enforcers...more

Seyfarth Shaw LLP

US Department of Treasury Takes Aim at Non-Compete Agreements

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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

Amundsen Davis LLC

Are the Federal Antitrust Laws Now a Weapon for Employee Rights?

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Perhaps flying under the radar of everyone except antitrust lawyers (and the employers who have been targeted), the Department of Justice (DOJ) has made a concerted push recently to use federal anti-trust laws as a tool to...more

CDF Labor Law LLP

[Webinar] Consequences of No-Poach Agreements: Civil and Criminal - May 24th, 10:00 am - 11:00 am PT

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The Antitrust Division of the Department of Justice (DOJ) has stepped up enforcement over no-poach/no-hire agreements under Federal antitrust laws. The DOJ recently tried two criminal cases against individual officers of...more

Health Care Compliance Association (HCCA)

The Latest on Antitrust Compliance

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Antitrust is a long-time risk area for compliance teams to manage, but its longevity does not mean it is not evolving. New issues arise as times and Administrations in Washington change. Nathan Mendelsohn, Associate in the...more

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