The FTC issued its final rule broadly banning noncompete clauses between employers and workers. In this episode of “Fierce Competition,” Skadden attorneys Tara Reinhart, Annie Villanueva Jeffers and Justine Haimi discuss the...more
Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context With antitrust regulators focused on competition in labor markets, companies should revisit their noncompete agreements,...more
3/29/2024
/ Acquisitions ,
Antitrust Provisions ,
Capital Markets ,
Competition ,
Environmental Social & Governance (ESG) ,
Legislative Agendas ,
Mergers ,
National Security ,
New Legislation ,
Proposed Legislation ,
Taxation
Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more
3/26/2024
/ Antitrust Provisions ,
Biden Administration ,
Competition ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employees ,
Enforcement ,
Federal Trade Commission (FTC) ,
Investigations ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Restrictive Covenants ,
Wage-Fixing
On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. in the U.S. District Court of Oregon to try to block their $24.6 billion merger....more
3/12/2024
/ Antitrust Litigation ,
Antitrust Provisions ,
Blocked Mergers ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Kroger ,
Merger Controls ,
Popular ,
State and Local Government ,
Supermarkets ,
Unions ,
Washington
On December 18, 2023, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) released the final 2023 Merger Guidelines (the Guidelines). While the final version of the Guidelines reflects...more
12/22/2023
/ Acquisitions ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Horizontal Merger Guidelines ,
Merger Controls ,
Mergers ,
Proposed Regulation ,
Regulatory Agenda ,
Regulatory Requirements ,
Vertical Mergers
As US Antitrust Agencies Double Down on Merger Enforcement Approach, New Deal Strategies Emerge The DOJ and FTC continue to pursue an aggressive merger enforcement agenda with new merger guidelines and filing requirements....more
12/15/2023
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Investment ,
Investors ,
Mergers ,
Mobile Ecosystems ,
Private Equity ,
Regulatory Reform ,
UK ,
Vertical Mergers
Key Points -
- New draft merger guidelines reflect the aggressive approach that has defined merger enforcement in the Biden administration, including novel theories of harm.
- Proposed changes to HSR notification will make...more
12/13/2023
/ Acquisitions ,
Antitrust Division ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Domestic Dealmaking ,
Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Mergers ,
Private Equity ,
Regulatory Agenda
On August 31, 2020, the Delaware Chancery Court issued an opinion in litigation between Anthem and Cigna related to the contract in their terminated merger. In its sprawling 306-page opinion, the court detailed a “corporate...more
9/19/2020
/ Anthem Insurance ,
Antitrust Litigation ,
Breach of Contract ,
CIGNA ,
Condition Precedent ,
Contract Termination ,
Contract Terms ,
Credibility ,
Department of Justice (DOJ) ,
Merger Agreements ,
Mergers ,
Motion To Enjoin ,
Permanent Injunctions ,
Popular ,
Reasonable Efforts Clauses ,
Termination Rights
As anticipated, on January 10, 2020, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) (collectively, the Agencies) released Draft Vertical Merger Guidelines (Draft Guidelines), marking the first update...more
1/22/2020
/ Anti-Competitive ,
Comment Period ,
Department of Justice (DOJ) ,
Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Merger Controls ,
Mergers ,
Public Comment ,
Sensitive Business Information ,
Supply Chain ,
Transparency ,
Vertical Mergers
Antitrust merger enforcement historically has focused on horizontal mergers — consolidation of two firms that compete directly in the same space. This is especially true in the U.S., where antitrust authorities have...more
1/24/2018
/ Antitrust Investigations ,
Antitrust Violations ,
AT&T ,
Burden of Proof ,
Competition ,
Corporate Branding ,
Department of Justice (DOJ) ,
Dow Chemical ,
DuPont ,
European Commission ,
Federal Trade Commission (FTC) ,
Horizontal Mergers ,
Illegal Tying Arranegements ,
Innovation ,
IP License ,
Judicial Review ,
Life Sciences ,
LinkedIn ,
Merger Controls ,
Mergers ,
Microsoft ,
Multinationals ,
Qualcomm ,
Research and Development ,
Sales & Distribution Agreements ,
Tech Industry ,
Time Warner ,
Trump Administration ,
Vertical Mergers