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Recent Decisions in Noncompete Cases Expose Deep Divides in Opposing Visions for Antitrust Enforcement

On July 3, 2024, plaintiffs in Ryan LLC v. Federal Trade Commission won their first significant victory in their noncompete case against the Federal Trade Commission (FTC) when Judge Ada Brown of the Northern District of...more

History in the Making: Conservatives Work Quickly to Challenge FTC’s Final Rule Banning Noncompete Agreements

Last week, the Federal Trade Commission (FTC) voted in favor of its controversial final rule banning nationwide nearly all noncompete agreements. While the potential noncompete ban has been politically controversial since it...more

Biden Administration Announces New Initiative to Challenge Unfair and Illegal Pricing Practices

On March 5, 2024, the Biden administration announced the launch of a “strike force” aimed at cracking down on unfair and illegal pricing practices. The strike force is one in a series of three new actions announced by...more

DOJ, FTC Issue Guidance Regarding Preservation of Employees’ Chat Messages for Merger Investigations, Subpoenas and CIDs

On January 26, 2024, the Department of Justice (DOJ) and Federal Trade Commission (FTC) announced updated guidance relating to parties’ obligations to preserve communications generated on ephemeral messaging platforms, such...more

New HSR Act Size-of-Transaction Increasing to $119.5 Million; Filing Fee Increases Going Into Effect Soon

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

Proposed HSR Rules Upend M&A and Merger Control Review

On June 27, 2023, the Federal Trade Commission (FTC), in collaboration with the Department of Justice (DOJ) Antitrust Division, announced proposed changes to the Hart-Scott-Rodino (HSR) filing and notification form that...more

Joining Forces and Moving Forward: Navigating the ESG Antitrust Controversy

With an increasing number of companies implementing environmental, social and governance (ESG) initiatives, ESG strategies are becoming more nuanced and complex. While not without controversy, these initiatives can be...more

DOJ Continues “Vibrant Section 8 Enforcement” to Purge Companies of Potentially Anticompetitive Interlocking Directorates

In March 2023, the Department of Justice’s Antitrust Division (DOJ) announced that five additional directors have resigned from four corporate boards in response to the DOJ’s efforts to enforce prohibitions against so-called...more

DOJ Withdraws Policy Statements Governing Information Exchanges Across Industries

On February 3, 2023, the Department of Justice’s (DOJ) Antitrust Division announced the withdrawal of several long-standing policy statements governing the exchange of certain information among competitors. The DOJ has no...more

New HSR Act Size-of-Transaction Increasing to $111.4 Million; New HSR Act Filing Fees Going Into Effect Next Month

On January 26, 2023, 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

Merger Filing Fee Modernization Act of 2022 Introduces Changes to HSR Filing Fee Structure and New Foreign Subsidy Disclosure...

Tucked into the Consolidated Appropriations Act that President Biden signed in late December was the Merger Filing Fee Modernization Act of 2022 (Filing Fee Modernization Act). The Filing Fee Modernization Act makes...more

DOJ Commits to Enforcing Interlocking Directorate Compliance

The U.S. Department of Justice Antitrust Division (DOJ) recently announced the resignation of seven directors from five companies in the latest round of DOJ challenges to interlocking directorates....more

Federal Antitrust Agencies Ramp Up Hiring Efforts and Request Additional Funding to Support Aggressive Enforcement Agendas

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made no secret of their intentions to revamp antitrust enforcement and merger control efforts across wide swaths of the U.S. economy to curtail what...more

Biden Administration Announces New Competition Enforcement Efforts in Agriculture

On September 26, 2022, the Biden administration announced two new efforts from the U.S. Department of Agriculture to encourage competition in the meat and poultry industry, protect producers, and reduce costs. Included in...more

Members of Congress Continue to Press DOJ on Health and Dental Insurance Antitrust Enforcement

Congressional leaders continue to seek information from the U.S. Department of Justice (DOJ) concerning the DOJ’s efforts to enforce the Competitive Health Insurance Reform Act (CHIRA), which partially repealed the...more

Amendments to China’s Anti-Monopoly Law: What Has Changed and What to Expect

On August 1, 2022, long-awaited amendments to China’s Anti-Monopoly Law — the first ever — will go into effect. These amendments include significantly harsher penalties and fines for certain violations, modifications to the...more

With a Full Slate of Commissioners, the FTC Is Poised to Tackle the Chair’s Ambitious Antitrust Enforcement Agenda

With the May 16, 2022, confirmation of Commissioner Alvaro Bedoya, the Federal Trade Commission finally has a 3–2 Democratic majority and can move forward with Chair Lina Khan’s ambitious agenda. The Commission majority...more

DOJ Remains Committed to Aggressive Antitrust Enforcement Against Employers and Their Employees Even in the Wake of Recent Trial...

The Department of Justice Antitrust Division (DOJ) recently suffered significant losses in two criminal trials involving alleged criminal wage-fixing and related “no-poach” agreements by and between competitors. These were...more

DOJ Antitrust Chief Previews Additional Antitrust Scrutiny for Interlocking Directorates

During the recent Spring 2022 Enforcers Summit, Department of Justice (DOJ) Antitrust Division chief, Assistant Attorney General for Antitrust Jonathan Kanter, announced that interlocking directorates will face increased...more

Ready, Set, Report & Remediate: DOJ Revises Leniency Policy for Criminal Antitrust Enforcement

The Antitrust Division of the U.S. Department of Justice announced an update to its leniency policy for criminal antitrust enforcement on April 4, 2022, along with an accompanying set of updated FAQs. The updates effectively...more

USDA Seeks Information From Public on Industry Consolidation and Anticompetitive Practices in Agricultural Supply Markets

Federal agencies continue to roll out new initiatives targeting anticompetitive conduct in the wake of President Biden’s July 2021 Executive Order, “Promoting Competition in the American Economy.” The latest action comes from...more

DOJ and FBI Prioritize Antitrust Investigations of Price-Fixing and Collusive Schemes Stemming From Supply Chain Disruptions

With consumer prices increasing across the economy, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) announced on February 17, 2022, a new joint initiative designed to identify and prosecute...more

DOJ Encourages State Court to Consider Antitrust Principles to Invalidate Non-Compete Agreements

Non-compete agreements between employers and their employees traditionally are governed by state law. But that did not stop the Antitrust Division of the Department of Justice (DOJ) from recently filing a statement of...more

FTC Publishes Revised HSR Thresholds for 2022

On January 24, 2022, the Federal Trade Commission (FTC) published its adjusted reporting thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act) in the Federal Register. The FTC revises...more

Indiana Court of Appeals Invalidates Trust for Failure to Identify Trust Beneficiary

Recently, the Indiana Court of Appeals decided the case of Wilson v. Wilson. The case involved the last will and testament (“Will”) of decedent Terrel Wilson, Sr. (“Terrel Sr.”), which purported to create a trust....more

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