News & Analysis as of

Restraint of Trade

WilmerHale

The Future of Criminal Cartwright Act Prosecutions

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California Assistant Attorney General (AAG) Paula Blizzard recently announced that the California Attorney General’s Office (AGO) intends to “reinvigorat[e] criminal prosecutions” under California’s Cartwright Act, Cal. Bus....more

DarrowEverett LLP

Florida State and Clemson vs. the ACC: Is There a Way Out for Both?

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Both the Florida and North Carolina courts have now dipped their toes into Florida State University’s (“FSU”) dispute with the Atlantic Coast Conference (“ACC”) over the high exit price the school must pay to leave the...more

Kerr Russell

Why Dentists Must Pay Attention to Antitrust Law

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You should also be aware that the U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) historically have been active in the health care industry, with many prosecutions of physicians and dentists for antitrust...more

DarrowEverett LLP

Florida State’s Way Out of ACC? Exit Penalties Could Be Ruled Unenforceable

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Last summer, we wrote about the Atlantic Coast Conference’s (“ACC”) “ironclad” Grant of Rights agreement being the only document keeping top schools from leaving for either the Big Ten or Southeastern Conference (SEC),...more

Littler

Is a Bonus Clawback Provision a Restraint of Trade in the UK?

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In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more

BCLP

UK HR Two Minute Monthly: November 2023

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Our November update includes a Supreme Court decision on employment status and the right to join a trade union, whether a bonus clawback clause can be an unlawful restraint of trade, and how to deal with a “heat of the...more

Dechert LLP

Clawback Provisions and Restraint of Trade

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In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...more

Holland & Knight LLP

California's New Nationwide Focus on Noncompetition Agreements

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For decades, California has taken arguably the most pro-employee-mobility position on noncompetition and non-solicitation agreements in the country – generally, post-employment noncompetition and non-solicitation agreements...more

CDF Labor Law LLP

California Assists New York Employees in No-Poach Case

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A private class-action complaint claimed that the department store, Saks, and several luxury brands (including Louis Vuitton, Loro Piana, Prada, Brunello and Fendi) violated Federal Antitrust laws when they agreed that each...more

BCLP

Formalism on the Chopping Bock - the ECJ’s judgment in Super Bock

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The ECJ’s recent preliminary ruling in C-211/22 - Super Bock Bebidas (“Super Bock”) is significant for businesses and competition authorities. It is well-established that categorisation of conduct as a ‘by object’...more

Foley & Lardner LLP

JetBlue-American Ruling Offers Fresh Angle On Antitrust Risk

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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

Parker Poe Adams & Bernstein LLP

Implications of the Justice Department's Latest Defeat in No-Poach Trial

Previously relegated to purely civil enforcement, in the last year the U.S. Department of Justice (DOJ) has increased its focus on pursuing criminal charges for anti-poach agreements between companies that attempt to...more

Frantz Ward LLP

Unlocking the Handcuffs: Department of Justice Obtains Guilty Plea in “No-Poach” Hiring Agreement Case

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The Department of Justice has claimed its first victory in attacking “no-poach” agreements after a Nevada staffing company pled guilty and was sentenced to pay $134,000.  The case arose out of a concerted effort by the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Serves a Whopper of a Ruling on Franchisor’s ‘No-Poach’/‘No-Hire’ Agreement With Franchisees

​​​​​​​Over the last several years, business-to-business “no-hire” and “no-poach” agreements have come under legal attack, including through enforcement actions by the Federal Trade Commission and criminal prosecutions by the...more

Jenner & Block

Latest Decisions in Criminal No-Poach and Civil Non-Compete Cases Indicate Continuing Scrutiny of Restrictive Covenants

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Parties in Criminal No-Poach Case Reach Pre-Trial Resolution - Recently, the parties in United States v. Hee notified District Court Judge Boulware of the District of Nevada that they reached a preliminary plea deal. The...more

Foster Garvey PC

Online Travel Update: Jury Finds Out That Sabre Did Not Unreasonably Restrain Trade and That U.S. Air Was Entitled to Only $1.00...

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Last week’s Update continues the theme of providing updates on a few lesser known distribution platforms – this week we feature Latin American distributor, Despegar, and Central and Eastern European distributor, the Szallas...more

Jenner & Block

Department of Justice Prosecutions in Employment-Related Antitrust Suits Fall Flat in DaVita Inc. and Jindal

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Juries Acquit Criminal Antitrust Defendants of All Charges - This month, federal juries acquitted defendants facing criminal antitrust convictions in two trials against employers accused of improperly restraining trade in...more

Foley & Lardner LLP

Ongoing Canadian Protests Shine Spotlight on Ripple Effect of Supply Chain Disruptions

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Although the last two years have seen a nearly never-ending line of supply chain impacts for manufacturers, the latest disruption is also serving to shine a spotlight on the broader impact that relatively small disruptions in...more

Fisher Phillips

What Florida Schools Need to Know as High School Student-Athletes Seek NIL Compensation

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When Florida’s name, image and likeness (NIL) law went into effect this past summer, it created many opportunities for businesses that wanted to enlist college athletes as part of their marketing campaigns. A recently filed...more

Shutts & Bowen LLP

No, A Perpetually-Unfair Commission-Splitting Agreement Is Not A Restraint Of Trade

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In a recent case that is interesting reading for both antitrust lawyers and insurance agents, which probably does not happen often, Florida’s Second District Court of Appeal (“Second DCA”) held that a commission-splitting...more

Winstead PC

An In-Depth Summary and Analysis of the Important Alston Decision

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On June 21, 2021, the United States Supreme Court (“SCOTUS”) released its highly anticipated opinion in NCAA v. Alston. SCOTUS unanimously upheld the rulings by the United States District Court for the Northern District of...more

Saul Ewing LLP

College Sports, Video Games & the Right of Publicity With Guest Michael McCann of Sportico

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In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice, discusses the issues of college athletes being compensated for their name, image and likeness...more

Sheppard Mullin Richter & Hampton LLP

Two Important Antitrust Cases Decided by US Supreme Court

The United States Supreme Court decided two antitrust cases for October Term 2020. The first case, AMG Capital Management v. Federal Trade Commission, unanimously held that the Federal Trade Commission (FTC) is not...more

Bracewell LLP

A Picture Is Worth a Thousand Words—and Maybe a Thousand Bucks Too, According to the NCAA

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The NCAA has implemented a blockbuster temporary policy allowing college athletes to be paid for the use of their name, image, and likeness (NIL). This reversal of the NCAA’s long-standing ban against compensation to college...more

Jackson Walker

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

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On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to...more

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