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Antitrust Provisions Competition Restrictive Covenants

CDF Labor Law LLP

A No-Go for Employees’ Anti-Trust Claims Based on High-End No-Hire Agreements

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Recently, the United States Court of Appeals for the Second Circuit upheld the dismissal of a class action against defendants Saks Inc., Gucci, Prada, Loro Piana, Brunello Cucinelli and other luxury good manufacturers....more

A&O Shearman

Second Circuit Affirms Dismissal Of Luxury Brands’ No-Poach Suit

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On March 13, 2025, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a putative class action asserting claims under Section 1 of the Sherman Act against a department store chain (the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Trump Administration Halts Appeals of Rulings Blocking FTC Noncompete Ban

The federal government has filed motions to stay two ongoing appeals of rulings that blocked the Federal Trade Commission’s (FTC) rule banning noncompete agreements....more

Bennett Jones LLP

BC Court of Appeal Confirms “No hire” Clause Not Intended to Injure Employees

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In Latifi v The TDL Group Corp., 2025 BCCA 45, (Latifi) the BC Court of Appeal upheld the summary dismissal of a proposed class action against the Tim Hortons franchisor in Canada. The underlying dispute between the...more

Harris Beach Murtha PLLC

Federal Trade Commission Forms Task Force to Address Labor Market Conduct

On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Troutman Pepper Locke

FTC and DOJ Issue Antitrust Guidelines for Business Activities Affecting Workers

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On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more

Littler

Antitrust Employment Guidelines Issued by Biden Administration Days Before the Transfer of Power Are Now in Question

Littler on

On January 16, 2025, just days before transferring power to the new administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued updated Antitrust Guidelines for Business Activities Affecting...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Venable LLP

Antitrust in the Workplace: DOJ and FTC Issue Guidelines for Business Activities Affecting Workers

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On January 16, 2025, the Antitrust Division of the Department of Justice and the Federal Trade Commission jointly issued new guidance for employment practices that impact workers. ...more

Epstein Becker & Green

Agencies Issue Antitrust Guidelines for Business Practices Impacting Workers

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On January 16, 2025, the U.S. Department of Justice and the Federal Trade Commission (together, “the agencies”) jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The newly issued guidelines...more

Morgan Lewis

Commissioners Signal Changes to FTC Enforcement of Employee No-Hire Restrictions Under Trump-Vance Administration

Morgan Lewis on

The US Federal Trade Commission (FTC or Commission), in the final two months of the Biden administration, entered into two settlements in cases targeting the use of so-called “no-hire” restrictions in services agreements. In...more

Holland & Knight LLP

DOJ, FTC Issue New Antitrust Guidelines on Business Practices Impacting Workers

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Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more

Saul Ewing LLP

Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Issue New “Antitrust Guidelines for Business Activities...

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The FTC and DOJ have updated 2016 antitrust guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. Businesses and their HR personnel need to understand that the...more

McGuireWoods LLP

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

McGuireWoods LLP on

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

Troutman Pepper Locke on

Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

K&L Gates LLP

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 4—UAE Prohibition on Abuse of Dominant Position and...

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Similarly to the Old Law, the New Competition Law prohibits the abuse of a “dominant position” in the relevant market by any undertaking, including acts or conduct aimed at distorting, lessening, restricting, or preventing...more

K&L Gates LLP

Navigating the New UAE Competition Law: Moving Towards EU Principles? Part 3—UAE Prohibition on Restrictive Agreements and Article...

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The New Competition Law maintained the prohibition on restrictive agreements and practices between undertakings whose object, purpose, or impact is to distort, lessen, prevent, or restrict competition. These prohibited...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Proskauer - Law and the Workplace

FTC Enforcement Action Limits Noncompetition Agreements in “Sale of Business” Transactions

On July 9, 2021, President Biden issued an Executive Order, in which he described the nation’s antitrust laws as the “first line of defense against the monopolization of the American economy” and encouraged the Federal Trade...more

Holland & Knight LLP

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

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The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more

Seyfarth Shaw LLP

Collaborate Away: Ninth Circuit Rules that Non-Solicitation Provisions in Collaboration Agreements Are Not Per Se Violations of...

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A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman...more

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