Latest Publications

Share:

FTC Bureau of Competition warns against enforcing contract terms that hinder agency investigations

On June 16, 2023 the Federal Trade Commission’s (FTC) Bureau of Competition (the Bureau) issued a statement outlining its view that the enforcement of certain contract terms “can impede the Bureau’s law enforcement...more

FTC and DOJ outline potential changes to agencies’ review of pharmaceutical mergers

On June 1, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the US Department of Justice (DOJ) released a summary of a workshop jointly held by the agencies in June 2022 titled “Future of...more

U.S. Supreme Court clears the way for constitutional challenges to FTC, SEC

On April 14, 2023 the United States Supreme Court ruled in a unanimous opinion in Axon v. Federal Trade Commission that certain constitutional challenges to Federal Trade Commission (FTC) and Securities and Exchange...more

FTC’s proposed ban of employer non-competes: Are non-profits exempt?

The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more

FTC proposes rule to ban nearly all employee non-compete agreements

On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more

FTC expands its interpretation of its Competition Enforcement Mandate

On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5...more

House passes three antitrust reform bill and all eyes turn to the Senate

This Congress, both the House and Senate have engaged in a high-profile, high-stakes effort to reform antitrust rules for the tech industry. While efforts to pass a large scale tech competition bill have been stymied thus...more

FTC expands its powers to investigate proposed mergers and potentially unlawful collusive conduct

On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to...more

A Survey of President Biden’s Executive Order on Promoting Competition in the American Economy

It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy.  The Executive Order outlines a “whole-of-government” approach to...more

FTC workshop highlights potential changes to agency’s review of pharmaceutical mergers

On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more

[Webinar] Antitrust for emerging companies – what you need to know - June 9th, 9:00 am - 10:00 am PDT

Antitrust isn't just for big companies! Emerging companies may view antitrust as an issue primarily for large companies or as a lower priority given their size. However, emerging companies need to understand antitrust to stay...more

FTC and DOJ announce joint effort to revise federal merger review guidelines

On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and...more

[Webinar] Looking back at 2021 and a look forward to the future - December 9th, 12:00 pm - 1:00 pm EST

Join the Hogan Lovells Antitrust and Competition team on Thursday, December 9, 2021 where we will look back at the major competition-related events of 2021 and what we can expect next year. - What to expect for merger...more

FTC establishes broad policy to require prior approval provisions in all merger divestiture orders

On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more

FTC publishes report summarizing findings from study of unreported Big Tech acquisitions

On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616...more

FTC Votes to Rescind 2020 Vertical Merger Guidelines

On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more

President Biden issues sweeping Executive Order to promote competition

On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor,...more

[Webinar] Staying ahead of the class: Emerging global issues in antitrust class actions - June 10th, 12:00 pm - 1:00 pm EDT

Join the Hogan Lovells Antitrust and Competition team on Thursday, June 10, 2021 where we will discuss current issues in antitrust class actions in both the U.S. and EU/U.K., including: - Current case developments related...more

Supreme Court finds FTC lacks authority to seek monetary relief under Section 13(b)

On 22 April, the Supreme Court dealt a striking blow to the Federal Trade Commission’s (FTC) longstanding reliance on Section 13(b) of the Federal Trade Commission Act (FTC Act) as a basis for obtaining monetary relief for...more

[Webinar] Antitrust today: Emerging issues affecting the life sciences industry - March 12th, 9:00 am - 10:00 am PST

Join the Hogan Lovells Antitrust and Competition team on Friday, March 12, 2021 to discuss hot antitrust topics in the life sciences industry, including: - What life sciences companies should expect with respect to...more

FTC Publishes Commentary on Vertical Merger Enforcement

On 22 December 2020, on a divided vote, the Federal Trade Commission (FTC or the Commission) issued a Commentary on Vertical Merger Enforcement (FTC Commentary) to provide “greater transparency to the public regarding its...more

Court of Appeals affirms limited injunction on NCAA compensation restrictions for student-athletes

On 18 May 2020 the U.S. Court of Appeals for the Ninth Circuit ruled against the National Collegiate Athletic Association (NCAA) in an antitrust case challenging the association's policy of limiting the compensation paid to...more

Reducing antitrust risk of collaborations during the COVID-19 pandemic

The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more

U.S. and European authorities actively pursue COVID-19 price gouging violations

The COVID-19 crisis has led to increased scrutiny of pricing decisions by competition and consumer protection authorities around the world. Already, we have seen a rise in state, federal, and international enforcement efforts...more

Seventh Circuit deepens the circuit split on the "sham exception" to Noerr-Pennington

On 23 March 2020 the U.S. Court of Appeals for the Seventh Circuit issued a decision on NoerrPennington's sham exception, increasing a circuit split on the proper analysis of "serial petitioning" claims. U.S. Futures...more

58 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide