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Antitrust Sanctions: The Duty to Preserve Chats

On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market....more

DOJ Still Contemplating Criminal No-Poach Cases

Last year, we reported on the Department of Justice’s (DOJ) decision to dismiss its only remaining criminal no-poach case and regroup. We advised that the DOJ was unlikely to abandon criminal no-poach cases entirely and would...more

Does New York’s Failed Noncompete Bill Forecast a Similar Fate for the FTC’s Proposed Noncompete Rule?

After proposing in 2023 to ban nearly all employee noncompete agreements nationwide, the Federal Trade Commission (FTC) has remained largely silent on whether it will pare back some of the proposal’s more controversial...more

Voluntary Dismissal as DOJ Contemplates Future of Criminal No-Poach Cases

As we previously wrote, the Department of Justice’s (DOJ) April 2023 loss in United States v. Patel, its fourth in a criminal no-poach case, cast a pall over the agency’s enforcement efforts. The following month, the DOJ...more

Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal

The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace...more

Q&A About FTC Proposed Rule to Ban Non-Compete Restrictions

We recently wrote about the Federal Trade Commission’s (FTC or the Commission) controversial new Proposed Rule that would largely ban non-compete agreements between employers and “workers.” The Proposed Rule would ban not...more

FTC Seeks to Ban Non-Compete Restrictions in Employment Contracts

On Jan. 5, the Federal Trade Commission voted 3-1 to propose a new rule under Section 5 of the Federal Trade Commission Act that would largely ban non-compete agreements between employers and employees. If passed, the...more

Federal Trade Commission's Historic Attempt to Drive a Mack Truck Through the Sherman Act

Following its repudiation of its prior enforcement regime in July 2021, the FTC on Nov. 10 issued a Statement Regarding the Scope of “Unfair Methods of Competition” Under Section 5 of the Federal Trade Commission Act...more

Hospital Mergers: The Future of COPA Immunity

In October 2022, the Federal Trade Commission issued a Public Comment opposing a Certificate of Public Advantage (COPA) for the merger of State University of New York Upstate Medical University (SUNY Upstate) and Crouse...more

Federal Court Allows Price-Fixing Class Action to Proceed Against Universities

​​​​​​​Seventeen of U.S. News & World Report’s top 25 universities in the nation recently lost their bid to dismiss allegations of an antitrust conspiracy to suppress student financial aid awards. The ruling by the U.S....more

Baseball’s Antitrust Exemption Marks Its 100th Anniversary with a New Challenge

For more than a century, minor league baseball and Major League Baseball (MLB) have thrived in a symbiotic relationship. Minor league teams affiliate with major league teams for financial support and access to major league...more

Decision Benefits Franchise Businesses and Finds Alston Bars Challenge to No-Poach Agreements

In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se...more

President Biden's Executive Order: A Revolution in Antitrust Enforcement?

On July 9, 2021, President Biden issued the Executive Order on Promoting Competition in the American Economy. According to the fact sheet that accompanied the order, competition in the U.S. economy is in dire straits....more

Healthcare Indictment Marks Justice Department's First Criminal No-Poach Case

On January 7, 2021, the Department of Justice (DOJ) announced a grand jury indictment of Surgical Care Affiliates LLC (SCA) and a related entity, which own and operate outpatient medical care centers across the country. The...more

Franchise No-Poach Agreements: Is Reform on The Horizon?

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued Joint Guidance for Human Resource Professionals warning that no-poach agreements restricting employee hiring may violate the antitrust...more

Department of Justice Criminally Charges Healthcare Executive for Wage-Fixing Conspiracy

On December 10, 2020, the Department of Justice (DOJ) announced that a grand jury had indicted the former owner of a therapist staffing company in Texas for a Sherman Act §1 violation. The indictment alleges that Mr. Jindal,...more

Combating COVID-19 Through Competitor Collaboration

COVID-19 continues to spread exponentially, leading to shortages in medical supplies – from personal protective equipment such as facemasks and respirators to ordinarily ubiquitous cleansers and sanitizers. ...more

Demystifying the Antitrust Implications of Franchise No-Poach Agreements

In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued “Antitrust Guidance to Human Resource Professionals,” addressing employee no-poach agreements – agreements between two or more...more

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