News & Analysis as of

Competition Federal Trade Commission (FTC) Preliminary Injunctions

Moore & Van Allen PLLC

FTC’s Non-Compete Ban Blocked

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Bottom line: As of Tuesday night, the FTC’s non-compete rule has been set aside, cannot be enforced, and will not become effective on September 4, 2024. As an update to our prior alert regarding the Federal Trade...more

Shutts & Bowen LLP

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

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On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more

Ballard Spahr LLP

Texas District Court Preliminarily Enjoins FTC’s Non-Compete Ban for Named Plaintiffs

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As we previously reported, here, the Federal Trade Commission (FTC) issued a Final Rule on April 23, 2024 that would prevent most employers from enforcing non-compete agreements against workers, effective September 4, 2024...more

Smith Anderson

The Future of the FTC’s Non-Compete Ban Remains Uncertain - Consider Making Initial Preparations for Compliance

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As we explained in a previous client alert, the Federal Trade Commission ("FTC") has published a proposed final rule that would ban nearly all worker non-competes. The rule was published on May 7, 2024, and will go into...more

Stevens & Lee

Novant Health Abandons Proposed Purchase Following Fourth Circuit’s Issuance of Injunction

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We have been reporting on the Federal Trade Commission’s continuing effort to block Novant Health’s purchase of Lake Norman Regional Medical Center and Davis Regional Psychiatric Hospital from Community Health Systems. Last...more

Stevens & Lee

District Court Denies Most Recent FTC Attempt to Stop Novant/CHS Transaction

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We reported last week on the U.S. District Court’s denial of an FTC request for a preliminary injunction to block Novant Health’s “Novant) purchase of Lake Norman Regional Medical Center (LNR) and Davis Regional Psychiatric...more

CDF Labor Law LLP

First Test of FTC’s Non-Compete Ban Will Be Without Oral Argument

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The Federal Trade Commission promulgated regulations that stand to ban non-compete agreements in employment relationships nationwide. These regulations are scheduled to become effective on September 4, 2024....more

Seyfarth Shaw LLP

Pennsylvania Federal Court to Issue Decision On FTC Non-Compete Ban Challenge By July 23

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While the two federal actions in Texas challenging the FTC’s non-compete ban have garnered much of the attention to date, a challenge of the FTC’s rule brought by a small tree trimming business in Pennsylvania is now in the...more

Cozen O'Connor

Rhode Island Attorney General and FTC Team Up to Block Merger of Healthcare Systems

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Rhode Island AG Peter Neronha issued a decision pursuant to his authority under Rhode Island’s Hospitals Conversions Act denying a proposed merger between healthcare systems Lifespan Corporation and Care New England Health...more

Hogan Lovells

FTC’s preliminary injunction win in hospital merger shows importance of deal and planning documents

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On 4 August 2021, the District Court of New Jersey granted the Federal Trade Commission’s (FTC) motion for preliminary injunction, preventing Hackensack Meridian Health (HMH) and Englewood Healthcare (Englewood) from closing...more

McDermott Will & Emery

Special Report - Executive Order Encourages FTC, DOJ to Address Hospital Consolidation, Vigorously Enforce Antitrust Laws

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President Biden recently issued an executive order affirming his administration’s policy of enforcing the antitrust laws to “combat the excessive consolidation of industry” and cited healthcare markets as one of several...more

King & Spalding

Federal Court Rejects FTC Challenge to Hospital Merger in Pennsylvania

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On December 8, 2020, a federal court in Pennsylvania rejected a challenge by the Federal Trade Commission (FTC) and the State of Pennsylvania to block a $599 million merger of two hospital and healthcare systems in...more

BakerHostetler

FTC Says Razor Thin Market Share Not Enough for Merger Clearance and What It Means for Disruptive DTC Brands

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Last week, the Federal Trade Commission (FTC) filed a complaint in the U.S. District Court for the District of Columbia against Procter & Gamble to enjoin the consumer goods company from acquiring New York-based...more

Robins Kaplan LLP

Financial Daily Dose 12.16.2019 | Top Story: Boeing Execs Mull Halting 737 Max Production as FAA Clearance Stalls

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Boeing’s 737 MAX faces an uncertain future. Boeing is considering at least a temporary halt to its 737 Max production “as regulatory clearance for the grounded jet’s return looks increasingly likely to slip beyond January...more

Robins Kaplan LLP

Financial Daily Dose 12.13.2019 | Top Story: US Announces Phase One Trade Agreement With China, But No Confirmation From Chinese

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The US and China have reportedly reached an initial agreement on the “final terms of a phase one trade deal, moving both countries closer to signing a pact that” the White House originally announced in October and averting...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Jones Day

FTC Sues e-Prescriptions Company in Rare Monopolization Case

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The Situation: The Federal Trade Commission ("FTC") recently filed a rare monopolization case, alleging that a health information technology company illegally monopolized two e-prescribing markets. The Impact: The FTC...more

Jones Day

Tronox Runs Into Procedural Quagmire with Challenges to Cristal Acquisition

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The FTC Challenge: The FTC pursued an administrative challenge against Tronox's proposed acquisition of Cristal without also seeking a preliminary injunction. Following an HSR investigation, the FTC normally seeks a...more

Holland & Knight LLP

Federal Court Enjoins North Dakota Physician Practice Merger

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On December 15, 2017, United States Magistrate Judge Alice Senechal of the District of North Dakota entered an order preliminarily enjoining the merger between two large physicians practices in the Bismarck/Mandan market,...more

Holland & Knight LLP

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

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As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more

Troutman Pepper

FTC's Winning Streak Restored: Seventh Circuit Reverses Denial of Preliminary Injunction in Chicago Hospital Merger, Competition...

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Recent appellate decisions confirm the uphill battle hospitals face when merging with other hospitals. On October 31, the U.S. Court of Appeals for the Seventh Circuit overturned the district court’s ruling in Federal Trade...more

Troutman Pepper

The End of the Road for Hershey Medical Center's Merger: Parties Abandon Transaction After Third Circuit Rules That Hospital...

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The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the...more

McDermott Will & Emery

Antitrust M&A Snapshot - July 2016

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United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the...more

Foley & Lardner LLP

FTC Battles Hospital Mergers: What to Watch for in this Summer’s High-Profile Appeals

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In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between...more

Foley & Lardner LLP

Judge Allows Advocate-NorthShore Merger to Proceed; FTC May Appeal

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For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems, this time the 13-hospital Advocate Health Care and the 4-hospital...more

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