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Fiscal Year 2022 Hart-Scott-Rodino Annual Report Provides Data on Antitrust Merger Enforcement for First Full Fiscal Year of Biden...

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

Is It Still Safe To Exchange Wage and Other Compensation-Related Information?

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

FTC Proposes to Ban Employee Noncompete Agreements – January 31, 2023 Update

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

Sometimes Confession Is Good For The Soul, But Only If You’re The First To Confess!

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

DOJ Issues New Guidance On Its Use Of Arbitration

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

Hey Fintech, The Antitrust Division Is Watching You!

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

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