In a complete victory for plaintiffs, a Texas court permanently enjoined the Federal Trade Commission’s (FTC) rule banning nearly all employee noncompetes. In the absence of the court’s decision, the rule had been scheduled...more
8/22/2024
/ Administrative Procedure Act ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Restrictive Covenants
In direct conflict with a recent Texas court ruling, on July 23, an Eastern District of Pennsylvania court denied ATS Tree Services’ motion for a preliminary injunction to stay the effective date of the Federal Trade...more
7/26/2024
/ Chevron Deference ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hiring & Firing ,
Non-Compete Agreements ,
Pennsylvania ,
Preliminary Injunctions ,
Restrictive Covenants ,
Section 5
Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more
The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007.
The U.S. Court of Appeals for the...more
10/18/2016
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
Geographic Markets ,
Health Care Providers ,
Healthcare ,
Hospital Mergers ,
Hospitals ,
Hypothetical Monopolist Test ,
Merger Agreements ,
Preliminary Injunctions
The Federal Trade Commission suffered a rare loss when, on Sept. 24, the U.S. District Court for the Northern District of Ohio denied its request for a preliminary injunction, despite having accepted the FTC’s “actual...more
The court’s decision in FTC v. Steris demonstrates the importance of conducting a thorough antitrust analysis of all aspects of a merger or acquisition from every possible angle, including likely future competition.
On...more