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Competition in U.S. Labor Markets: Non-Compete Clauses Increasingly Under Fire

I. INTRODUCTION - Until fairly recently, non-compete clauses and other employer practices affecting employee mobility and wages were a relatively minor focus of U.S. antitrust enforcement authorities....more

Antitrust Agencies Release Draft Vertical Merger Guidelines

The Department of Justice Antitrust Division and the Federal Trade Commission recently released a long-awaited draft of their updated Vertical Merger Guidelines (the “Guidelines”), the first update since 1984. ...more

Got An Antitrust Compliance Program?

An Effective Program May Be More Valuable Than Ever Under A New DOJ Policy - The U.S. Department of Justice Antitrust Division (“Antitrust Division”) recently announced that it will now consider a company’s antitrust...more

DOJ Antitrust Division Provides Additional Insight on Its Analysis of No-Poach Agreements that May Be Subject to Criminal...

Since 2016, the U.S. Department of Justice Antitrust Division (“DOJ” or “Division”) has increased its enforcement focus on agreements between labor market competitors not to hire each other’s employees — also known as...more

Merger Parties Beware: ACCC Commences First Gun Jumping Cartel Prosecution

In brief: - The Australian Competition and Consumer Commission (ACCC) has commenced the first prosecution in Australia for alleged "gun jumping" (where parties to a merger commence coordinating prior to merger completion)...more

“A Prescription for Competition”: DOJ Antitrust Division Affirms Its Enforcement Focus on the Healthcare Industry

The healthcare industry remains a “high enforcement priority” for the U.S. Department of Justice (DOJ) and the Federal Trade Commission, according to statements last week by a senior official in the DOJ’s Antitrust Division. ...more

Antitrust Considerations Surrounding Health Care Consolidation Among Hospitals and Physicians

The Affordable Care Act (“ACA”) has resuscitated the demand for hospital and health care provider mergers. The law explicitly encourages collaborative care—through, for example, financial incentives surrounding the creation...more

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