On August 20, 2024, the United States District Court for the Northern District of Texas issued an order setting aside the Federal Trade Commission’s (FTC) ban on employee noncompetes (the “Noncompete Rule”). While the same...more
On August 14, 2024, the United States District Court for the Middle District of Florida issued a preliminary order holding the Federal Trade Commission’s (FTC) ban on employee noncompetes (the “Noncompete Rule”) to be...more
On July 3, 2024, the U.S. District Court for the Northern District of Texas entered an order enjoining the enforcement of a rule established by the Federal Trade Commission (FTC) abolishing the vast majority of employee...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC or Commission) finalized a rule, by a vote of 3-2, abolishing the vast majority of employee covenants not to compete across the United States (the Non-Compete Rule or...more
On April 23, 2024, the Federal Trade Commission (“FTC” or the “Commission”) voted to finalize a rule abolishing the vast majority of employee noncompetes across the United States (the “Noncompete Rule” or “Rule”). The FTC...more
4/25/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
The first part of the webinar was led by Foley partner Ed Burbach, lead counsel to Neora, and Neora’s co-CEO Deborah Heisz as they shared learnings from Neora’s historic 7-and-a-half-year battle and eventual victory over the...more
On December 18, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, “the Agencies”) jointly released a significant revision and expansion to the federal Merger Guidelines (the...more
The U.S. Federal Trade Commission (FTC) recently published a blog post warning that the use of algorithms to assist in determining prices may violate federal antitrust laws, regardless of the business or industry. The FTC...more
On December 7, 2023, the Biden Administration announced several new initiatives intended to “promote competition” in the health care sector. These initiatives reflect a broad range of concerns about rising costs in health...more
12/11/2023
/ Antitrust Provisions ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Price Gouging ,
U.S. Commerce Department
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
10/24/2023
/ Antitrust Division ,
Chamber of Commerce ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Reviews ,
NLRB ,
No-Poaching ,
Non-Compete Agreements ,
OSHA ,
The Clayton Act ,
Wage and Hour ,
Wage-Fixing
On July 19, 2023, the Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) (together, the Agencies) released a draft set of revised Merger Guidelines (the Revised Guidelines) to set forth the...more
On June 27, 2023, the Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, announced a wide range of significant proposed changes to the Hart-Scott-Rodino (HSR) pre-merger...more
The U.S. District Court for the District of Massachusetts recently issued a long-anticipated ruling in an antitrust challenge to the so-called Northeast Alliance, or NEA, between American Airlines Group Inc. and JetBlue...more
Health care companies are increasingly using artificial intelligence (AI) to create innovations, set prices, and compete with rivals. At the same time, federal and state antitrust enforcers are finding new ways to apply...more
4/26/2023
/ Antitrust Provisions ,
Artificial Intelligence ,
Collusion ,
Competition ,
Compliance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Healthcare ,
Horizontal Mergers ,
Medical Devices ,
Mergers ,
Technology Sector
On February 3, 2023, the U.S. Department of Justice’s Antitrust Division (DOJ) announced that it is withdrawing three policy statements the DOJ and Federal Trade Commission (FTC) issued between 1993 and 2011, related to...more
2/7/2023
/ Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Healthcare ,
Information Sharing ,
Joe Biden ,
Safe Harbors ,
Sherman Act ,
Third-Party Service Provider
On January 26, 2023, the FTC published a Notice in the Federal Register announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a)...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed regulation that, if adopted, would essentially abolish employee noncompetes across the United States. A proposed FTC regulation on employee...more
1/9/2023
/ Administrative Procedure Act ,
Biden Administration ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Proposed Regulation ,
Proposed Rules ,
Restrictive Covenants
As part of the Biden Administration’s ongoing efforts to reinvigorate antitrust enforcement and the promotion of competition, on November 10, 2022, the Federal Trade Commission (FTC) released a new “Policy Statement Regarding...more
Recent activity and statements from the U.S. Department of Justice and Federal Trade Commission signal that the federal agencies are likely to be more aggressive in pursuing enforcement against what they identify as...more
Have you heard of the antitrust prohibition against “interlocking”? The terminology may be confusing, but the concept is simple: No person who serves as an officer or director of one corporation may simultaneously serve as...more
Earlier this month — July 9, 2022 — marked the one-year anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (Executive Order). The Executive Order was notable in its breadth and...more
7/27/2022
/ Beverage Manufacturers ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Food Manufacturers ,
FRAND ,
FTC Act ,
Healthcare ,
Manufacturers ,
Memorandum of Understanding ,
Mergers ,
NIST ,
NLRB ,
Pharmaceutical Industry ,
ROI ,
USDA ,
USPTO
The economic turmoil of the past six months caused by everything from inflation to interest rate increases to supply chain disruption, not to mention large scale war in Europe, and then massive increases in the price of gas,...more
In a keynote speech delivered to the American Bar Association’s Antitrust in Healthcare Conference in Arlington, Virginia on Friday, June 3, 2022, Deputy Assistant Attorney General Andrew Forman of the Department of Justice’s...more
In furtherance of President Biden’s Executive Order on Promoting Competition in the American Economy, on March 10, 2022 the United States Departments of Justice and Labor (DOJ and DOL respectively) signed a Memorandum of...more
On January 24, 2022, the Federal Register published an FTC notice announcing the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR)....more