Earlier this month, the Department of Justice (DOJ) Antitrust Division filed a consent decree fining venue management firm Legends Hospitality $3.5 million over allegations that Legends improperly coordinated with an...more
As Bradley previously reported, the FTC at the beginning of last year issued a notice of proposed rulemaking to effectively ban employee noncompete provisions as an unfair method of competition in violation of Section 5 of...more
4/25/2024
/ Employees ,
Employer Liability Issues ,
Employment Contract ,
Exemptions ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Restrictive Covenants ,
Unfair Competition
As Bradley forecasted in February, the Federal Trade Commission (FTC) recently announced the withdrawal of two healthcare antitrust policy statements: Statements of Antitrust Enforcement Policy in Health Care (1996) and...more
7/21/2023
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Healthcare ,
Horizontal Merger Guidelines ,
Mergers ,
Notice Requirements ,
Policy Statement ,
Pre-Merger Filing Requirements ,
Proposed Regulation ,
Regulatory Agenda
Calling them “outdated” and “overly permissive,” the Department of Justice’s Antitrust Division on February 3, 2023, announced the withdrawal of three long-standing antitrust policy statements related to enforcement in...more
On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more
1/9/2023
/ Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Former Employee ,
Franchises ,
Health Care Providers ,
Healthcare ,
New Rules ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Popular ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Unfair Competition
The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more
President Biden issued Executive Order 14036 on July 9, 2021, calling for a “whole-of-government approach” to promote competition across many industries, including healthcare. The order establishes a White House Competition...more
7/19/2021
/ Acquisitions ,
American Hospital Association ,
Biden Administration ,
Competition ,
Department of Health and Human Services (HHS) ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Hospitals ,
Mergers ,
Prescription Drugs
All eyes were on health care in 2020, as the industry faced unprecedented challenges presented by the global coronavirus pandemic.
Stories and images of overburdened frontline health care workers dominated the news cycle...more
On April 30, 2020, the United States Department of Justice Antitrust Division (DOJ) announced that it had brought a one-count felony charge against Florida Cancer Specialists & Research Institute LLC (FCS), an oncology group...more