On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more
5/2/2024
/ Competition ,
Corporate Counsel ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Nonprofits ,
Restrictive Covenants ,
Selling a Business ,
Unfair Competition
In the latest attempt to promote generic drug competition and reduce drug prices, and consistent with broader efforts to enforce the antitrust laws more aggressively, the Federal Trade Commission (FTC) announced on November...more
11/14/2023
/ Antitrust Division ,
Competition ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Generic Drugs ,
Hatch-Waxman ,
Manufacturers ,
Orange Book ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Policy Statement
The U.S. Justice Department (DOJ) and Federal Trade Commission (FTC) (collectively, the “Agencies”) released for public comment draft Merger Guidelines that outline how the agencies evaluate proposed deals. The Agencies have...more
7/28/2023
/ Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Foreclosure ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Market Manipulation ,
Market-Sharing ,
Merger Controls ,
Mergers ,
Minority Shareholders ,
Vertical Mergers
On July 9, 2021, President Biden signed a sweeping executive order (EO) creating a “whole-of-government competition policy” that directs more than a dozen federal agencies to work in concert with the Department of Justice...more
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more
5/11/2021
/ Administrative Procedure Act ,
AMG Capital Management LLC v FTC ,
Antitrust Provisions ,
Chevron ,
Civil Monetary Penalty ,
Competition ,
Exclusionary Clauses ,
Federal Judiciary ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Popular ,
Rulemaking Process ,
SCOTUS