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Texas Federal Court grants preliminary injunction blocking FTC rule banning non-compete agreements

On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule)...more

Supreme Court overturns Chevron: implications for antitrust & the Federal Trade Commission

On June 28, 2024, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year old precedent established in Chevron, U.S.A. v. Natural Resources Defense Council. Under the Chevron doctrine, courts were...more

U.S. Supreme Court clears the way for constitutional challenges to FTC, SEC

On April 14, 2023 the United States Supreme Court ruled in a unanimous opinion in Axon v. Federal Trade Commission that certain constitutional challenges to Federal Trade Commission (FTC) and Securities and Exchange...more

FTC proposes rule to ban nearly all employee non-compete agreements

On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more

FTC expands its interpretation of its Competition Enforcement Mandate

On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5...more

FTC expands its powers to investigate proposed mergers and potentially unlawful collusive conduct

On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to...more

FTC publishes report summarizing findings from study of unreported Big Tech acquisitions

On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616...more

FTC uses “study authority” to review past non-HSR acquisitions

On 11 February 2020 Federal Trade Commission (FTC) announced that it has issued Special Orders to five large technology firms requiring them to “provide information about prior acquisitions not reported to the antitrust...more

Antitrust enforcement trends: An update from the 2019 ABA Antitrust Fall Forum Tech Summit

On 18 November 2019 the American Bar Association's Antitrust Law Section hosted its annual Antitrust Fall Forum. This year, the Fall Forum focused its discussions on a range of issues that could arise from the agencies'...more

N.D. Cal. Bench Trial Finds Qualcomm Licensing Practices Breached U.S. Antitrust Law and FRAND Contractual Obligations, Orders...

In a decision following a 10-day bench trial, Judge Lucy H. Koh ruled on May 21, 2019 in favor of plaintiff U.S. Federal Trade Commission (“FTC”) that defendant Qualcomm, Inc.’s (“Qualcomm’s”) licensing practices relating to...more

Ninth Circuit decision reaffirms the FTC's jurisdiction in overseeing broadband markets

On 27 February 2018, the U.S. Court of Appeals for the Ninth Circuit ruled unanimously in an en banc decision that the Federal Trade Commission (FTC) may bring enforcement actions against AT&T and other telecommunications...more

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