Lisa Phelan on Competition

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

2/3/2025 / Antitrust Provisions , Antitrust Violations , Biden Administration , Competition , Department of Justice (DOJ) , Employment Contract , False Statements , Federal Trade Commission (FTC) , Franchises , Human Resources Professionals , Independent Contractors , Labor Reform , No-Poaching , Non-Compete Agreements , Restrictive Covenants , Trump Administration , Unfair Competition , Wage-Fixing

Quarterly Cartel Catch-Up – New Year, New Administration

The new year marks the transition from the Biden administration and its whole-of-government approach to antitrust enforcement, to the return of President Trump. To spearhead his administration’s antitrust enforcement efforts,...more

Information Sharing, Pricing Algorithms, and Antitrust Liability: Where Is the Line?

Antitrust enforcers and private plaintiffs over the past few years have pursued increasingly aggressive theories of liability based on information exchange and the use of algorithmic pricing and revenue management software....more

12/20/2024 / Algorithms , Antitrust Division , Antitrust Violations , Artificial Intelligence , Competition , Corporate Counsel , Department of Justice (DOJ) , Enforcement , Federal Trade Commission (FTC) , Information Sharing , Price-Fixing , Rental Property , Trump Administration

Quarterly Cartel Catch-Up: Summer Surge Foreshadows Enforcement Intrigue

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

11/1/2024 / Algorithms , Antitrust Division , Bid Rigging , Cartels , Competition , Corporate Counsel , Dawn Raids , Department of Justice (DOJ) , EU , Healthcare , Italy , Mexican Economic Competition Commission (Cofece) , Pharmaceutical Industry , Philippines , Popular , Price-Fixing , Procurement Collusion Strike Force , Singapore , Wage-Fixing

Q3 2024: Quarterly Cartel Catch-Up

Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

5/2/2024 / Competition , Corporate Counsel , Employment Contract , Federal Trade Commission (FTC) , Franchises , Non-Compete Agreements , Non-Disclosure Agreement , Nonprofits , Restrictive Covenants , Selling a Business , Unfair Competition

Quarterly Cartel Catch-Up: What to Watch in 2024

The year 2023 ended with a bang in the cartel space, with a federal court of appeals upending what was long believed to be the scope of conduct that should be considered per se under the Sherman Act. The new year, 2024,...more

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

4/11/2023 / Algorithms , Anti-Monopoly , Antitrust Division , Artificial Intelligence , Cartels , Collusion , Competition , Consent Decrees , Consumer Protection Laws , Department of Justice (DOJ) , Federal Trade Commission (FTC) , Hart-Scott-Rodino Act , Instant Messaging Apps , Mergers , Price-Fixing , Robinson-Patman Act , Sherman Act , Wage-Fixing

MoFo Competition: Antitrust Shifts You Need to Know

“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more

1/11/2022 / Antitrust Provisions , Antitrust Violations , Biden Administration , Competition , Department of Justice (DOJ) , Enforcement Actions , Executive Orders , Federal Trade Commission (FTC) , Mergers , No-Poaching

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel ‒ Summer 2021

More than halfway through the year, 2021 has shaped up to be another busy time for antitrust enforcers. In July, the Biden administration confirmed that antitrust remains a top priority by issuing a sweeping Executive Order,...more

9/16/2021 / Antitrust Division , Antitrust Violations , Bid Rigging , Cartels , Competition , Corporate Counsel , Department of Justice (DOJ) , Executive Orders , FBI , Joe Biden , Price-Fixing , Procurement Collusion Strike Force , Sherman Act , Wage-Fixing

Lisa Phelan

Morrison & Foerster LLP

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