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Competition

Troutman Pepper

States' Action Still Viable Despite Ban of FTC Noncompete Rule

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The Northern District of Texas’s nationwide ban on the Federal Trade Commission’s noncompete rule isn’t a complete bar to government enforcement. The rule sought to curb unfair methods of competition and would have voided...more

Baker Botts L.L.P.

Competition Currents: Summer 2024 News Round Up

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Put down the lemonade and break out the pumpkin spice: summer is coming to an end. And while you were in the pool – or maybe just answering emails poolside – the antitrust agencies showed no signs of a summer slowdown. Before...more

Franczek P.C.

FTC Ban on Non-Competes Is Blocked — For Now

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Back in April 2024, the Federal Trade Commission (FTC) issued a final rule that would have banned non-compete agreements nationwide as of September 4, 2024. (You can read our alert on the FTC’s final rule here.) However, on...more

BCLP

The Wait for CATOs is Nearly Over... Volume 4

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As part of the government’s wider review of the electricity transmission network via the Integrated Transmission Planning and Regulation Project, and after its successful introduction of competition to offshore transmission...more

Moore & Van Allen PLLC

Foreign Institutional Investors Await Italian Government Action on Corporate Governance Reforms

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On March 27, 2024, the Italian legislature enacted reforms to attract new investors to the Italian capital markets and improve corporate governance following guidelines issued by former Prime Minister Mario Draghi’s...more

Manatt, Phelps & Phillips, LLP

Unhealthy Alliance: Hospitals Sharing Senior Leadership Increases Antitrust Risk

Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its...more

Cooley LLP

DOJ Hits Venue Services Group With $3.5 Million HSR Gun-Jumping Penalty

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The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

Goodwin on

Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

K&L Gates LLP

Australian Government Proposes Monetary and Market Share Thresholds for Mandatory Merger Clearance Regime

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The Australian Government (the Government) opened consultation on Australia’s proposed merger notification thresholds. The Consultation Paper proposes a notification regime that consists of four different thresholds—two based...more

WilmerHale

A Practitioner’s Perspective on Direct Effect of EU Law and Antitrust Law

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EU competition rules are crucial to the strengthening of the Union’s internal market. And direct effect has long been a structuring legal principle of the Union’s legal order, helping to ensure its autonomous nature. Thus,...more

Blake, Cassels & Graydon LLP

Blakes Competitive Edge™: September 2024 Update

Welcome to the September issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian...more

Jones Day

EU Court Holds Back Expansion of Antitrust Reviews to Non-Reportable Transactions

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The Situation: To address a perceived enforcement gap, the European Commission ("EC") has issued guidelines expanding the types of non-reportable transactions subject to its "upward referral mechanism," which permits EU...more

Jackson Lewis P.C.

DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

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On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

Wilson Sonsini Goodrich & Rosati

Back to School: Antitrust Reminders for Due Diligence and Pre-Closing Conduct

Information exchanges and integration planning are a vital component of the due diligence process when companies are considering acquisitions, mergers, joint ventures, or any other business decision involving another party....more

Ballard Spahr LLP

Transportation Department opens probe into rewards programs at four largest airlines

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Saying it wants to protect consumers from unfair, deceptive or anticompetitive practices, the Transportation Department on Sept. 5 launched an investigation into the rewards programs operated by the nation’s four largest...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - Summer 2024

Across industries, companies are facing new and uncertain regulatory pressures and demands in areas including artificial intelligence, sustainability, algorithmic pricing and fintech-bank relations. In this issue of The...more

Mintz - ML Strategies

Pre-Election Analysis: International Trade

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As the 2024 US general election approaches, international trade has emerged as a pivotal issue, with presidential candidates Vice President Kamala Harris and former President Donald Trump navigating a complex web of global...more

Dechert LLP

International Comparative Legal Guide – Private Equity 2024

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For the sixth consecutive year, Dechert is the contributing editor of the International Comparative Legal Guide - Private Equity. The guide, now in its tenth edition, is one of the most comprehensive comparative guides to...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Blocked From Reviewing Below-Threshold Mergers

On September 3, 2024, the European Union’s Court of Justice (ECJ) issued its highly anticipated judgment in the Illumina/Grail case (C-611/22 P and C-625/22 P) concerning the European Commission’s (EC’s) power to review...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Age of the Algorithm: Understanding the Rewards and Risks of Algo Pricing

A range of businesses are increasingly turning to pricing algorithms to gain a competitive edge and increase revenue. At the same time, competition regulators are increasing their focus on algorithmic pricing, intent on...more

Cole Schotz

Buyer Beware: An update on the sweeping changes implemented by the National Association of Realtors and their potential...

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Major changes hit the U.S. housing market this past month that may lead to lower housing prices across the nation. These changes stem from a settlement agreement entered into by the National Association of Realtors (“NAR”),...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – July/August 2024

The "European Antitrust Bimonthly Bulletin” breaks down the major antitrust developments in Europe during the past two months into concise and actionable takeaways. ...more

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

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In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

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