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New Tariffs, Old Risks: Antitrust Considerations

With regulatory scrutiny by governments on the rise, this LawFlash summarizes key antitrust issues for companies in all industries affected by tariffs. History shows that cartels tend to form in times of rapid economic...more

DOJ and FTC Issue Antitrust Employment Law Guidelines on Eve of New Administration

In the final days of the Biden administration and on the eve of significant agency turnover, the US Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued a new set of guidelines addressing...more

DOJ Updates Guidance on Antitrust Compliance Programs

The US Department of Justice Antitrust Division has updated its guidelines for the Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations (AT ECCP). The AT ECCP updates include several important...more

DOJ Statement of Interest States Information Sharing Among Competitors Warrants Closer Scrutiny

The US Department of Justice Antitrust Division (DOJ) recently filed a Statement of Interest (Statement) to highlight its view that (1) information sharing alone, without any agreement to fix prices, can violate US antitrust...more

Climate Risks and Antitrust: The Policy and Politics of ESG Collaborations

Hotly contested across party lines—and often borders—environmental, social, and governance (ESG) standards were the focus of recent dueling reports by the US House Judiciary Committee. Despite the deepening debate, what...more

DOJ Emphasizes Importance of Antitrust Compliance Programs for HR Professionals

The US Department of Justice’s Antitrust Division recently stated that antitrust compliance programs must include training for human resources professionals on issues such as wage-fixing and no-poach agreements in order to be...more

Minimum Resale Price Maintenance Agreements Face Scrutiny from Maryland Attorney General

The Office of the Maryland Attorney General recently announced that the state is actively investigating resale price maintenance (RPM) violations under Maryland’s state antitrust law. Maryland’s investigations are notable as...more

DOJ’s Rescission of Longstanding Guidance Creates Uncertainty for Market Benchmarking Activities

The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more

Federal Trade Commission Announces Expanded Enforcement Authority Under Section 5 of the FTC Act

The Federal Trade Commission (FTC) issued long-awaited guidance regarding its interpretation of the scope of Section 5 of the FTC Act on November 10, 2022. The updated guidance expands what the FTC may consider to be “unfair”...more

The Antitrust Risk of the Federal Banking Agencies’ Proposed Risk Management Guidance

As highlighted previously, three federal banking agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) recently issued proposed risk management...more

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