On Nov. 12, the U.S. Supreme Court declined certiorari for the U.S. v. Brewbaker decision in the U.S. Court of Appeals for the Fourth Circuit, leaving undisturbed the ruling that heightens the burden on antitrust prosecutors...more
3/7/2025
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Bid Rigging ,
Collusion ,
Competition ,
Denial of Certiorari ,
Department of Justice (DOJ) ,
Horizontal Agreements ,
SCOTUS ,
Sherman Act ,
Statutory Violations ,
Unfair Competition ,
Vertical Agreement
Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more
1/17/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Biden Administration ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Employees ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Human Resources Professionals ,
Labor Reform ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants
The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions that meet or exceed...more
The Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) announced a record-setting $5.6 million gun-jumping fine related to Verdun Oil Company II LLC’s acquisition of EP Energy LLC. Although...more
1/9/2025
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Fines ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Oil & Gas
Within hours of each other, an Oregon federal district court followed by a Washington state court enjoined the $24.6 billion merger of the Kroger and Albertsons grocery chains. The Oregon court adopted the controversial 2023...more
At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched " Merger Portal." The portal is available on the FTC's website and provides the public with an...more
A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more
A Texas federal court dismissed the Federal Trade Commission’s (FTC) lawsuit against private equity (PE) owner, Welsh, Carson, Anderson & Stowe (Welsh Carson), while allowing to proceed the agency’s challenge against U.S....more
6/12/2024
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
FTCA Section 13(b) ,
Health Care Providers ,
Healthcare ,
Insurance Contracts ,
Monopolization ,
Motion to Dismiss ,
Private Equity Firms
The Federal Trade Commission (FTC) voted along party lines (3 to 2) to ban all worker noncompetition provisions. The final rule applies to all employees, including senior executives, and will become effective 120 days after...more
4/25/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
The U.S. Federal Trade Commission (FTC) took the next step in its long-standing effort to encourage lower prices and increase competition in the pharmaceutical industry. As part of the Biden administration’s whole government...more
2/12/2024
/ Bayh-Dole Act ,
Biden Administration ,
Biosimilars ,
Competition ,
Drug Distribution ,
Drug Pricing ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Generic Drugs ,
Healthcare ,
Healthcare Reform ,
March-in-Rights ,
NIST ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Regulatory Agenda
The Federal Trade Commission (FTC) announced the annual changes to the Hart-Scott-Rodino (HSR) Act notification thresholds. The HSR Act requires all persons contemplating certain mergers or acquisitions, which meet or exceed...more
1/26/2024
/ Antitrust Division ,
Antitrust Provisions ,
Civil Monetary Penalty ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Private Equity ,
Regulatory Requirements ,
Statutory Violations ,
The Clayton Act ,
Threshold Requirements ,
Venture Capital
The Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) jointly issued new draft Merger Guidelines on July 19. The draft Merger Guidelines were created with the goal "to better reflect how the agencies...more
8/4/2023
/ Acquisitions ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
NAICS ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers