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FTC Announces First Step Towards Regulation of Employee Non-Competes

As we have noted previously, on July 9, President Biden signed an Executive Order on Promoting Competition in the American Economy. Among many other things, this Executive Order calls on the Federal Trade Commission (FTC) to...more

A Divided FTC Approves Omnibus Resolutions to Step Up Enforcement Actions and Votes to Withdraw the 2020 Vertical Merger...

Last week saw two notable competition-related developments from the Federal Trade Commission (FTC). The first relates to the FTC’s approval of eight new compulsory process resolutions in high-priority areas. The second...more

[Webinar] 2021 Antitrust Trends in North America - April 14th, 12:00 pm ET

This webinar will explore two intersecting trends: 1. The exploding growth of merger activity in the North American market, and 2. The recent regulatory "harbingers" indicating the quick onset of increased oversight and...more

Hart-Scott-Rodino Reporting Thresholds Adjust Downward for Just Second Time Ever

On February 2, 2021, 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

Antitrust Tips for Attending a 'Virtual' Trade Association Meeting

Trade associations serve many valuable purposes for employees and businesses alike. They serve as forums for professionals within a particular industry, subject to applicable legal parameters, to share knowledge and best...more

Antitrust Counseling in the Pandemic Economy: Six Trends to Watch

The coronavirus pandemic has shocked the global economy, transformed industries, and upended our daily lives. Its effects will be felt for years. So, what do these changes mean for antitrust counseling? This article explains...more

How Antitrust Will Shape M&A During the Pandemic

As the pandemic breathes life into some sectors and creates bankruptcies in others, some businesses continue to pursue strategic M&A deals. Some of these deals may receive antitrust scrutiny from the Department of Justice...more

Three Ways Antitrust Enforcement Has Changed Under Coronavirus, and One Way it Has Not

Amid the national coronavirus emergency, the antitrust enforcement agencies remain open for business. However, like the rest of these country, these agencies—the Department of Justice (DOJ) and Federal Trade Commission...more

FTC and Pennsylvania AG Sue to Block Merger of Philadelphia Healthcare Systems

On February 27th, the Federal Trade Commission (FTC) and the Attorney General of the Commonwealth of Pennsylvania (AG) filed a lawsuit in federal court to challenge a proposed merger between two Philadelphia-area healthcare...more

Hart-Scott-Rodino Reporting Thresholds to Increase Once Again

On January 28, 2020, the Federal Register published an FTC notice with the latest annual adjustments to the statutory thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR). Once the...more

HR and HSR: Insider Purchases and Executive Compensation Can Require Antitrust Reporting

Quick: Does your company have any insiders who either now or in the future may own $90 million or more in company stock?  The CEO?  The founder?  A member of the board?  If so, then now is the time for a crash course in the...more

Hart-Scott-Rodino Reporting Threshold Reaches $90 Million

On March 4, 2019, the Federal Register published FTC notices with the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and...more

Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam

To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators, legislators,...more

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more

Hart-Scott-Rodino and Interlocking Directorates Thresholds Rise for 2018

On January 29, 2018, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

“Horizontal Shareholding:” Is Oligopoly Pricing a Symptom or the Disease?

In 2008, the U.S. Department of Justice’s Antitrust Division (“DOJ”) let Delta Air Lines merge with Northwest Airlines. Two years later, in 2010, the DOJ cleared United Airlines’ acquisition of Continental Airlines, after the...more

Hart-Scott-Rodino Threshold Crosses $80 Million Mark

On January 26, 2017, the FTC published the latest annual adjustments to the statutory thresholds under both the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15...more

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more

Federal Judge Refuses FTC Request to Block Hershey/Pinnacle Deal; FTC to Appeal

Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more

Annual Adjustments to Hart-Scott-Rodino and Interlocking Directorates Thresholds

The annually adjusted thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 26,...more

Takeaways From the FTC/DOJ Workshop on Health Care Competition

The Federal Trade Commission and Department of Justice Antitrust Division held their second public workshop on health care competition on February 24-25, 2015. The workshop is part of the FTC and DOJ’s commitment to...more

Hart-Scott-Rodino and Interlocking Directorates Thresholds Ratchet Up

Revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (HSR) and Section 8 of the Clayton Act (15 U.S.C. § 19) were published in the Federal Register on January 21, 2015. The...more

For Single-Enterprise Immunity, the Bottom Line May Be Having One Bottom Line

A federal court in Ohio has provided some of the clearest guidance to date on the application of the single-enterprise immunity doctrine to healthcare organizations. The single-enterprise immunity doctrine is critically...more

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