When the Federal Trade Commission (FTC) — with the concurrence of the Antitrust Division of the Department of Justice (DOJ) — published the Notice of Proposed Rulemaking to revise the rules for premerger notification under...more
On May 14, 2024, the U.S. Federal Trade Commission (FTC) held a webinar to provide further public guidance on compliance with its final rule that bans noncompete agreements for the vast majority of workers before it goes into...more
On April 23, 2024, the U.S. Federal Trade Commission (FTC) voted (in a 3-2 vote along party lines) to finalize and promulgate a final rule that bans noncompete agreements for the vast majority of workers....more
In recent years, federal and state antitrust agencies have been increasingly focused on the impact of private equity involvement in the health care sector. Two recent developments in March 2024 reinforce that this heightened...more
On January 22, 2024, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act). The FTC revises the HSR Act thresholds...more
1/31/2024
/ Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
On December 18, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced the issuance of the final version of new Merger Guidelines, after publishing a draft in July 2023. We previously...more
On July 19, 2023, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly announced anticipated changes to the Horizontal Merger Guidelines and Vertical Merger Guidelines. The proposed changes...more
In February 2023, we issued an alert on the DOJ’s withdrawal of three antitrust policy statements related to the DOJ’s enforcement of health care markets and for health care providers. In that alert, we noted that although...more
On Friday, February 3, 2023, the Justice Department’s Antitrust Division formally withdrew three antitrust policy statements relating to the Division’s enforcement of the antitrust laws in health care markets and for health...more
As we approach the six-month mark of the Biden administration, one thing is clear: improving competition and reducing consolidation is one of the administration’s top priorities. While much ink has been spilled on Big Tech,...more
Does a “call placed in violation of the Telephone Consumer Protection Act, without any allegation or showing of injury—even that plaintiffs heard the phone ring—suffice to establish concrete injury for purposes of Article III...more
The Northern District of Illinois recently denied a motion to compel arbitration in a putative class action, and in doing so found that the defendants failed to show that the plaintiff had agreed to arbitrate the dispute when...more
7/16/2019
/ Arbitration ,
Clickwrap Agreements ,
Consumer Contracts ,
Contract Terms ,
Hybrid Contract ,
Mandatory Arbitration Clauses ,
Motion to Compel ,
Telemarketing ,
Terms and Conditions ,
Terms of Service ,
Websites