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Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

The Not-So-Surprising Return of FTC’s Robinson-Patman Act Enforcement

On December 12, 2024, the Federal Trade Commission (“FTC”) filed a lawsuit against Southern Glazer’s Wine and Spirits, the largest distributor of wine and spirits in the U.S., alleging that Southern Glazer’s has violated the...more

“No More Non-Competes,” Part Four: Texas Federal District Court Blocks FTC Noncompete Rule on Nationwide Basis

On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting...more

2023 Chemicals & Energy Antitrust Report

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the...more

Generating Scrutiny: FTC Outlines Competition Concerns in Generative AI

On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial...more

European Commission Adopts New Antitrust Guidelines for ESG Competitor Agreements

The European Commission (the “EC”) recently adopted new guidelines that outline the antitrust assessment of agreements between competitors related to environmental, social, and governance (“ESG”) initiatives, including...more

Balancing ESG Initiatives and Antitrust Risk

Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands. For several years, companies have come under intense pressure from their boards,...more

DOJ Obtains First Monopolization Conviction in Decades

On October 31, 2022, the U.S. Department of Justice Antitrust Division (“DOJ”) announced that the president of a Montana paving and asphalt contractor, Nathan Nephi Zito, had pleaded guilty to one count of attempting to...more

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