The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more
Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more
The Federal Trade Commission (FTC) has announced new, higher premerger notification thresholds. The new minimum size-of-transaction threshold will be $111.4 million.
The FTC simultaneously announced implementation of the...more
Updated as of January 31, 2023-
The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more
1/31/2023
/ Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Highly Compensated Employees ,
Joe Biden ,
No-Poaching ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Wage-Fixing
On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule would bar...more
Within the past month, the Department of Justice Antitrust Division (the Division), in two separate matters, indicted a former owner of a health care staffing company for participating in a conspiracy to fix prices by...more
In the final weeks of 2020, opportunity knocked for Sazerac Company, Inc (Sazerac), Precept Brands LLC (Precept), and Vie-Del Company (Vie-Del) and each opened the door.
After a 20-month investigation that found E. & J....more
No matter how novel a scheme about “coordinating” with competitors to instill “discipline” in the market may seem, odds are that the antitrust enforcers have seen it before and eventually will prosecute it.
Take the recent...more
12/2/2020
/ Antitrust Division ,
Bid Rigging ,
Bids ,
Bumble Bee Foods ,
Competitive Bidding ,
Confessions ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Leniency Programs ,
Price-Fixing ,
Whistleblowers
Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil...more
If you caught our last two client alerts–Hey Fintech, the Antitrust Division Is Watching You! and Hey Fintech: Watch What You Say, and Be Mindful of What Others Say on Your Behalf–then you know that the Antitrust Division has...more
What You Need To Know:
•No matter what industry you are in, what others say on your behalf can be ripe targets for antitrust enforcers.
•Consultants and bankers create “sales materials” with the same mindset as real...more
What You Need To Know:
•The Antitrust Division is training its sights on fintech deals in which incumbents buy up “nascent competitors.”
•If you’re on the buy-side considering a “nascent competitor” transaction, early...more