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Competition New Guidance

Ervin Cohen & Jessup LLP

California Attorney General Office Issues Much Needed Guidance On “Honest Pricing” Requirements

On May 8, 2024, the California Attorney General’s Office released much needed and highly anticipated guidance on steps companies in California will need to take to ensure compliance with SB 478, California’s prohibition on...more

Proskauer Rose LLP

DOJ and FTC Release New Merger Guidelines

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The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) released the 2023 Merger Guidelines on December 18, 2023. Following a 60-day public comment period that solicited over 30,000 comments from a variety...more

WilmerHale

FTC and DOJ Release New Merger Guidelines

WilmerHale on

On December 18, 2023, the Federal Trade Commission and the Department of Justice jointly released their final Merger Guidelines. The Guidelines “identify the procedures and enforcement practices [the agencies] most often use...more

Dorsey & Whitney LLP

Back to the Future: 2023 Merger Guidelines Reach into History to Support Enlarged Antitrust Enforcement Agenda

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On December 18, 2023, the Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) jointly released their long-anticipated final 2023 Merger Guidelines after a notice and public comment period, during which they...more

BakerHostetler

FTC and DOJ Jointly Publish Revised Merger Guidelines

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On Dec. 18, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued new merger guidelines (Guidelines), finalizing draft guidelines published in July and replacing the 2010 Horizontal Merger...more

White & Case LLP

The new guidelines on cooperation in the agri-food sector show a more pragmatic approach to sustainability agreements under EU...

White & Case LLP on

On 7 December 2023, the EC published new guidelines on when farmers and agriculture related businesses can, subject to certain conditions, enter into cooperation agreements on sustainability without breaching EU competition...more

Sheppard Mullin Richter & Hampton LLP

Non-Exclusive: Dual Distribution and Exclusivity

This blog article is relevant to all companies which are parties to a vertical agreement (i.e. an agreement entered into between two parties operating at different levels of trade – typically distribution agreements)...more

Axinn, Veltrop & Harkrider LLP

Ending Where It Began?: DOJ No-Poach Prosecutions Take Another Hit

The Department of Justice’s years-long campaign to criminally prosecute no-poach agreements may be taking a hiatus. On November 13, 2023, the DOJ moved to dismiss its indictment against Surgical Care Affiliates, LLC (“SCA”),...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust and Sustainability: EU, UK and US Take Divergent Enforcement Approaches

On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability...more

Stikeman Elliott LLP

Update on Abuse of Dominance: New Competition Bureau Guidance and First Private Access Application

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The Competition Bureau’s new guidance on and the amendments to the abuse of dominance provisions in the Competition Act significantly expand the scope of these provisions. These developments, coupled with private access to...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q3 2023

McDermott Will & Emery on

UNITED STATES - Proposed Merger Guidelines Outline Fundamental Change of Approach to Merger Investigation and Enforcement - On July 19, 2023, the Federal Trade Commission (FTC) and the US Department of Justice (DOJ)...more

A&O Shearman

Environmental sustainability agreements: final UK guidance to cooperating competitors

A&O Shearman on

The UK Competition and Markets Authority (CMA) has published its final Green Agreements Guidance on how UK antitrust rules apply to green cooperation agreements between competitors (UK Green Guidance). The UK Green Guidance...more

A&O Shearman

Antitrust and information exchange: a new framework for analysis in the EU and UK

A&O Shearman on

The European Commission (EC) and the UK Competition and Markets Authority (CMA) have published new guidance on the assessment of cooperation between competitors. For the EU, this is contained in revised Guidelines on...more

Holland & Knight LLP

Offering of Warranties in Colombia: A Guide by the Superintendence of Industry and Commerce

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The Superintendence of Industry and Commerce (SIC), the national authority in charge of protecting and guaranteeing free and fair economic competition in Colombia, issued this current year the Offering of Warranties Guide...more

Eversheds Sutherland (US) LLP

Greater scrutiny of proposed mergers anticipated under new FTC and DOJ guidelines

Last week the Department of Justice and Federal Trade Commission (Antitrust Agencies) jointly released a draft of their long-awaited revised Merger Guidelines, which reflect the Biden Administration’s ramped up merger...more

White & Case LLP

The new EU horizontal cooperation antitrust rules

White & Case LLP on

The European Commission ("EC") has published its final revised Horizontal Cooperation Guidelines and adopted new R&D and Specialisation Block Exemption Regulations (HBERs). The EC's aim is to provide more guidance for...more

Cadwalader, Wickersham & Taft LLP

EU Issues Competition Safe Harbor Guidelines For Sustainability Agreements

The European Commission recently issued Guidelines “on the competitive assessment of agreements between competitors that pursue sustainability objectives (‘sustainability agreements’).” Recognizing sustainability as a “core...more

Orrick, Herrington & Sutcliffe LLP

The Competition and Markets Authority Issues New Guidance on Avoiding Anti Competitive Behaviour for Employers

The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move...more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

Ballard Spahr LLP on

Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

Stinson LLP

FTC Announces Expanded Enforcement Authority

Stinson LLP on

Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more

Harris Beach PLLC

NCAA Issues Name, Image and Likeness Clarification for Schools

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On Wednesday October 26, 2022, Division I schools received clarification from the National Collegiate Athletic Association (“NCAA”) on their involvement in Name, Image and Likeness (“NIL”) activities. The Division I Board of...more

Dechert LLP

Vertical restraints: the European Commission revisits its approach to information exchange in situations of dual distribution

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On 10 May 2022, the European Commission (the “Commission”) adopted the final version of the new Vertical Block Exemption Regulation (“VBER”), which will enter into force on 1 June 2022. The new VBER, which replaces Regulation...more

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

Latham & Watkins LLP on

On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

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