On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify...more
6/3/2024
/ Acquisitions ,
Antitrust Division ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Popular ,
Private Equity ,
Private Equity Firms ,
Request For Information
On April 23, 2024, the Federal Trade Commission (FTC), in a 3-2 vote, issued a final rule that bans noncompete clauses between workers and employers as “unfair method[s] of competition” under Section 5 of the FTC Act, subject...more
4/25/2024
/ Competition ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
FTC Act ,
Labor Reform ,
Non-Compete Agreements ,
Notice Requirements ,
Proposed Rules ,
Regulatory Agenda ,
Restrictive Covenants ,
Unfair Competition
The already complex business calculus that goes into a merger has become even more complicated in the past several years because of stepped-up government scrutiny. Major transactions have been blocked or abandoned in the face...more
3/26/2024
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Cross-Border Transactions ,
Domestic Dealmaking ,
EU ,
Foreign Direct Investment ,
Investment ,
Mergers ,
Regulatory Requirements ,
Risk Management ,
UK
On January 25, 2024, the Federal Trade Commission (FTC) launched an inquiry scrutinizing the investments and partnerships of Alphabet, Microsoft and Amazon relating to growing artificial intelligence startups Open AI and...more
Skadden is proud to present our newest podcast, Fierce Competition. Hosted by our global antitrust/competition team, the podcast explores antitrust policy and enforcement around the world, including the latest developments...more
In July, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released a draft of proposed new merger guidelines, 18 months after FTC Chair Lina Khan and Assistant Attorney General...more
9/7/2023
/ Acquisitions ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Threshold Requirements
The Department of Justice (DOJ) Antitrust Division — for the third time in the span of a year — recently failed to convince a jury that alleged agreements to fix or stabilize labor markets should be punished criminally. It...more
Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more
On November 18, 2021, the Federal Trade Commission (FTC) voted 4-0 to adopt a new policy statement outlining the commission’s plans to expand its criminal referral program in an effort to prevent and deter corporate crime...more
12/3/2021
/ Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Criminal Antitrust Litigation ,
Criminal Investigations ,
Enforcement Actions ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Merger Agreements ,
Merger Controls ,
Policy Statement
To stay ahead of the feds, companies need to monitor their own data for possible compliance problems. Congress may soon give companies better visibility into their shareholder bases, including derivatives positions.
In this...more
10/8/2021
/ 10b5-1 Plans ,
Biden Administration ,
Board of Directors ,
Books & Records ,
Competition ,
Corporate Governance ,
Department of Justice (DOJ) ,
Disclosure Requirements ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Mergers ,
Section 220 Request ,
Securities and Exchange Commission (SEC)
In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more
Over the course of his first six months in office, President Joe Biden has signaled a clear commitment to reinvigorate antitrust enforcement. On July 9, 2021, he took his most specific and comprehensive action on the subject...more
As anticipated, on June 15, 2021, the U.S. Senate confirmed Lina Khan’s appointment to the Federal Trade Commission (FTC). Unexpectedly, within hours of her confirmation, President Joe Biden named her FTC chair. Ms. Khan...more
A mostly forgotten statute barring competitors from having representatives on each other’s boards could be used by regulators if pressure builds for antitrust enforcement in the tech industries....more
On April 12, the Federal Trade Commission held a hearing to debate the extent to which the FTC should use retrospective reviews to strengthen merger enforcement. This was the latest in the series of hearings on Competition...more
4/26/2019
/ Acquisitions ,
Administrative Hearings ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Provisions ,
Competition ,
Enforcement ,
Federal Trade Commission (FTC) ,
FTC Commissioners ,
Merger Controls ,
Mergers ,
Political Parties
The Federal Trade Commission’s (FTC) Bureau of Competition has established a task force dedicated to monitoring competition in U.S. technology markets and taking enforcement actions as warranted. While the remit of the task...more
4/23/2019
/ Anticompetitive Behavior ,
Antitrust Investigations ,
Competition ,
Data Privacy ,
Department of Justice (DOJ) ,
Emerging Technology Companies ,
Enforcement Actions ,
Federal Agency Taskforce ,
Federal Trade Commission (FTC) ,
Hospital Mergers ,
Mergers ,
Technology Sector
On April 4, 2018, Skadden hosted a webinar titled “Year Two of Trump Antitrust Merger Enforcement: What to Expect in 2018.” The Skadden panelists were antitrust/competition global head Steven C. Sunshine and...more
4/20/2018
/ Antitrust Provisions ,
AT&T ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Mergers ,
No-Poaching ,
Time Warner ,
Trump Administration