The Federal Trade Commission (FTC) announced a record $5.6 million civil penalty to settle allegations that three crude oil producers engaged in “gun-jumping” activities that violated the Hart-Scott-Rodino (HSR) Act....more
The Federal Trade Commission (FTC) finalized a comprehensive overhaul of the premerger notification program. Firms considering a merger or acquisition that meets the filing thresholds should prepare for a more onerous...more
10/15/2024
/ Acquisition Agreements ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
New Rules ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Regulatory Reform
The PGA Tour announced that it had, along with the DP World Tour, entered into a Framework Agreement with the Public Investment Fund of the Kingdom of Saudi Arabia (PIF) to create “a global golf partnership.” While the...more
6/17/2024
/ Antitrust Division ,
Antitrust Provisions ,
CFIUS ,
Contract Terms ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Foreign Investment ,
Framework Agreement ,
Golf ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Regulatory Agenda
As we previously reported, the Federal Trade Commission (FTC) voted to issue a final rule (the “Rule”) that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for...more
5/20/2024
/ Competition ,
Corporate Sales Transactions ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Labor Reform ,
Non-Compete Agreements
A new federal antitrust task force will focus on investigations in health care markets, and, where warranted, civil and criminal enforcement, the Department of Justice announced....more
Judges are beginning to address the increasing use of AI tools in court filings—including reacting to instances of abuses by lawyers using it for generative purposes and requiring disclosures regarding the scope of AI use in...more
The Federal Trade Commission (FTC) voted to issue a final rule that would prevent most employers from enforcing noncompete agreements against workers, with only limited exceptions for existing noncompetes with senior...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more
3/8/2024
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospital Mergers ,
Private Equity ,
Section 5 ,
Section 7 ,
Sherman Act ,
The Clayton Act
Summary -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more
Summary -
Companies across all sectors of the economy—car manufacturers, apparel brands, banks, utilities, insurers, and asset managers—are increasingly working within their respective industries’ sustainability...more
Summary -
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, published a Notice of Proposed Rulemaking (Proposed Rule) aiming to revamp the premerger notification...more
6/30/2023
/ Acquisition Agreements ,
Comment Period ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Notice of Proposed Rulemaking (NOPR) ,
Pre-Merger Filing Requirements ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
Regulatory scrutiny and class action litigation relating to the consumer financial services (CFS) industry have typically focused on issues of disclosure, customer privacy, and fees charged to consumers. CFS lawyers are...more
Summary -
The DOJ upended health care antitrust enforcement guidance last Friday by withdrawing previous guidance from 1993, 1996, and 2011 it characterized as “overly permissive on certain subjects,” stating that it no...more
Summary -
The Federal Trade Commission (FTC) kicked off the new year with two actions aimed at banning non-compete agreements between employers and workers. On January 5, the FTC issued a Notice of Proposed Rulemaking...more
Following the Federal Trade Commission’s announcement late last year that the Agency would use Section 5 of the FTC Act to police aggressively conduct it deems unfair (see our Legal Alert), the Agency kicked off the New Year...more
Summary -
Earlier this year, the head of the Antitrust Division at the U.S. Department of Justice, Jonathan Kanter, signaled that the agency would be ramping up its investigation of companies with interlocking directorates...more
Summary -
The Third Circuit upheld the district court’s decision to grant a preliminary injunction enjoining the merger between Englewood Healthcare Foundation and Hackensack Meridian Health, Inc., handing a victory to the...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more
The Federal Trade Commission (FTC) announced yesterday that Canon Inc. and Toshiba Corporation agreed to pay a $2.5 million fine each to settle charges that the two companies violated the Hart-Scott-Rodino Act by failing to...more
6/12/2019
/ Antitrust Provisions ,
Canon ,
Clearance ,
Corporate Counsel ,
Corporate Sales Transactions ,
Enforcement Actions ,
Failure to Comply ,
Failure to Report ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Premerger Notifications ,
Regulatory Requirements ,
Reporting Requirements ,
Statutory Violations ,
Toshiba ,
Waiting Periods
The Federal Trade Commission (FTC) won another decisive victory in its effort to fight health care provider consolidation when the U.S. Court of Appeals for the Seventh Circuit reversed a district court’s decision denying the...more
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more
The Federal Trade Commission (FTC) won a decisive victory today in its efforts to slow the record pace of health care provider consolidation, when the U.S. Court of Appeals for the Third Circuit reversed a District Court's...more
Handing the Federal Trade Commission (FTC) its first defeat in a federal court hospital merger challenge in more than a decade, a federal district court judge yesterday denied the joint request of the FTC and the Attorney...more