Latest Publications

Share:

FTC’s Non-Compete Rule Blocked by Texas Federal Court

On August 20, 2024, a federal district court in Texas issued a permanent injunction blocking the Federal Trade Commission’s “Non-Compete Rule,” which would have prohibited nearly all non-compete clauses with workers. The...more

Philadelphia Federal Court Refuses to Enjoin FTC Non-Compete Rule

On July 23, 2024, a federal district court in Philadelphia refused to issue a preliminary injunction to prevent implementation or enforcement of the Federal Trade Commission’s April 2024 Final Rule banning worker non-compete...more

Federal Court Preliminarily Enjoins FTC Ban on Employee Non-Compete Agreements, But Not for the Vast Majority of Employers

In April 2024, the Federal Trade Commission (“FTC” or the “Commission”) announced a Final Rule that would prohibit nearly all existing and future non-compete agreements between employers and workers, subject to specified...more

Federal Trade Commission Adopts Final Rule Imposing Near-Total Ban on Employee Non-Compete Agreements

After more than a year of considering tens of thousands of public comments, the Federal Trade Commission (“FTC”) has voted 3-to-2 to adopt a Final Rule (the “Rule”) that would effectively ban almost all employee non-compete...more

U.S. Antitrust Agencies Finalize New Merger Guidelines Intended to Reinvigorate Merger Enforcement

The Merger Guidelines lower the market concentration threshold for the presumption that a merger is illegal. Deals that place combined market shares above 30 percent with a significant increase in concentration are...more

Dechert Provides Comments to the U.S. Antitrust Agencies on Proposed Changes to Hart-Scott-Rodino Premerger Filings

Dechert’s antitrust group submitted comments today to U.S. antitrust agencies on their proposed top-to-bottom overhaul of premerger antitrust filings made under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission...more

U.S. Antitrust Agencies Launch Long-Awaited Guidelines to Bolster Merger Enforcement

On July 19, 2023, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the agencies) issued their long-awaited draft Merger Guidelines.  The draft Merger Guidelines, once finalized, will...more

Boiling Points: An introduction on hot antitrust merger documents

The Boiling Points collection features real-world documents that government antitrust agencies used against merging companies. Dechert’s antitrust/competition practice curated the collection from an exhaustive review of...more

FTC use of hot documents in hospital merger challenges

The government had lost seven consecutive hospital merger litigations before the FTC’s challenge to the Evanston Northwestern/Highland Park merger in 2003. That losing streak forced the FTC to reassess the economic tests used...more

DAMITT Q1 2021: Vertical Merger Challenges and New EU Referral Process Signal Transitions in U.S. and EU Investigations

DAMITT has observed an across-the-board increase in the average duration of significant EU Merger investigations: Phase I remedy cases resolved in Q1 2021 averaged 10.5 months; while Phase II investigations averaged 17.3...more

DAMITT 2020 Report: Antitrust merger enforcement trends amid the pandemic, U.S. elections and Brexit

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP’s Antitrust/Competition practice reporting on trends in significant merger control investigations in the United States...more

DAMITT Q3 2020: Trump/Biden U.S. Election Antitrust Preview; End of Brexit Transition Period in Sight

The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

DAMITT Q2 2020: COVID-19 Doesn’t Deter Antitrust Merger Review on Either Side of the Atlantic

....The Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) is a quarterly release from Dechert LLP reporting on trends in significant merger control investigations in the United States (U.S.) and European Union...more

The New U.S. Antitrust Vertical Merger Guidelines: Five Things You Need to Know

The final Vertical Merger Guidelines issued on June 30, 2020 provide guidance to the business and legal communities on how the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) currently analyze the...more

No COVID-19 Impact on Merger Investigations ...Yet

Fast Facts - United States - The COVID-19 pandemic has yet to slow U.S. merger enforcement, with deal reviews for Q1 2020 averaging 11.1 months in length, slightly below the 11.9 month average for CY 2019. - The...more

DAMITT Q3 2019: Trump administration efforts to block mergers nears record; EU divestitures increasingly require preapproved...

Fast Facts - United States - - The Trump administration’s efforts to block mergers near record, with 5 significant investigations resulting in complaints in 2019 YTD. - The number of significant antitrust merger...more

DAMITT Q2 2019: New Industry Analysis Sheds Light on Significant Investigations By Sector

Fast Facts - United States - U.S. antitrust enforcement agencies concluded 20 “significant investigations” during the rolling-twelve months (RTM) ended Q2 2019, down from 28 for the RTM ended Q2 2018....more

DAMITT Q1 2019: New Insights on Reverse Break Fees in U.S. and Pull-and-Refiles in EU; Government Shutdown Impacts Q1 Results in...

Fast Facts - United States - The number of significant U.S. antitrust merger investigations declined almost 40% during the 12 months ending in Q1 2019 compared to the prior rolling 12 months (RTM). - The average...more

DAMITT Q3 2018: U.S. Antitrust Agencies Announce Merger Review Reforms in Response to DAMITT Findings Number and Duration of...

Citing findings from the Dechert Antitrust Merger Investigation Timing Tracker (DAMITT) that have demonstrated a marked increase in the duration of significant merger investigations in recent years, DOJ Assistant Attorney...more

DAMITT Q2 2018 Update: Duration of Significant Antitrust Merger Investigations May Have Plateaued Despite Unchanged Levels of...

Fast Facts - The numbers of significant antitrust merger investigations in the U.S. and the EU both are on pace to match 2017 levels. - Bayer/Monsanto was resolved after a more than 24-month investigation in the U.S., the...more

DAMITT Q1 2018 Update: Trend Toward Longer Antitrust Merger Investigations Slowing or Reversing, But Activity Levels Similar to...

Fast Facts - There are signs that the six-year trend toward longer significant investigations may be slowing or reversing. - Significant U.S. merger investigations lasted an average of 9.7 months in Q1 2018, the second...more

DAMITT 2017 Year in Review – Number of Significant Antitrust Merger Investigations Declines in the US and Europe But...

Fast Facts - The length of significant U.S. merger investigations climbed to an average of 10.8 months in 2017, a new DAMITT record, despite the number of investigations dropping by more than 20%. There are signs of a...more

DAMITT Q3 Update: Significant US Antitrust Merger Investigations and Complaints Are Down Sharply But Taking Longer

Fast Facts: - The number of significant merger investigations was down 25% on both a YTD and RTM basis - Only one significant investigation resulted in a complaint in 2017 YTD (two on an RTM basis), down about 80% -...more

33 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide