News & Analysis as of

Exemptions Antitrust Provisions

Bass, Berry & Sims PLC

Scope and Impact of the FTC’s Non-Compete Rule for Employers

On April 23, the Federal Trade Commission (FTC) voted to adopt a monumental final rule prohibiting employers from entering into non-competes against all workers within the jurisdiction of the FTC – a move that is poised to...more

BakerHostetler

Yer out (for now): MLB dismissed from antitrust lawsuit because of historic antitrust exemption

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In a decision that stunned no one (yet will garner plenty of headlines), a federal district court granted a motion to dismiss filed by Major League Baseball (MLB) on the basis of its storied antitrust immunity. Coming almost...more

Latham & Watkins LLP

6 Sustainability Takeaways in EU Antitrust & Regulatory - August 2022

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EU Parliament and Council reach agreement on CSRD - European Parliament and European Council | 21 June 2022 - The European Parliament and European Council reached a provisional political agreement on the terms of the...more

Troutman Pepper

First Circuit Holds Antitrust Labor-Dispute Exemption Applies to Independent Contractors’ Protest Activities

Troutman Pepper on

Q: Does federal antitrust law bar independent contractors from engaging in a group boycott to increase wages and alter conditions of employment?...more

BakerHostetler

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

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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

Latham & Watkins LLP

Vertical Block Exemption Regulation and Guidelines

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On 10 May 2022, the European Commission (EC) adopted the new Vertical Block Exemption Regulation (VBER), accompanied by the new Guidelines on Vertical Restraints (Vertical Guidelines). The new rules are the result of a...more

WilmerHale

European Commission adopts new Vertical Block Exemption Regulation

WilmerHale on

On May 10, 2022, the European Commission adopted the final text of the new Vertical Block Exemption Regulation (VBER) accompanied by the new Guidelines on Vertical Restraints (the VGL), which provide detail on interpretation...more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law - February 2021

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An overview of antitrust law exemption measures in jurisdictions around the globe. ...more

Jones Day

New Law Eliminates 75-Year-Old Antitrust Exemption for "Business of Health Insurance"

Jones Day on

The Development: Congress unanimously passed and before leaving office, President Trump signed into law, the Competitive Health Insurance Reform Act ("CHIRA"). CHIRA limits application of the McCarran-Ferguson Act, an...more

Faegre Drinker Biddle & Reath LLP

Congress Passes Amendment to McCarran-Ferguson Act to Repeal Important Antitrust Exemption for Health Insurance Companies

While the bill discussed in this alert was passed by Congress on December 22, 2020, it was not enacted by the end of its Congressional session. It is possible this bill has been signed, but Congress has not yet been notified....more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

EU/EFTA/ECN – On 23 March 2020, the competition authorities in the European Competition Network (the European Commission, the EFTA Surveillance Authority, and the national competition authorities of the EU/EEA) issued a Joint...more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

An overview of antitrust law exemption measures in jurisdictions around the globe. ...more

Morgan Lewis

COVID-19: UK Competition Law Exemption for Dairy Industry Comes to an End

Morgan Lewis on

The UK government’s Dairy Produce Order of May 1, 2020, which temporarily relaxed the application of UK competition law to certain types of cooperation in the dairy sector between dairy produce suppliers or dairy logistic...more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

An overview of antitrust law exemption measures in jurisdictions around the globe. ...more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

An overview of antitrust law exemption measures in jurisdictions around the globe. ...more

Latham & Watkins LLP

Impact of COVID-19: New Exemptions Under Antitrust Law

Latham & Watkins LLP on

An overview of antitrust law exemption measures in jurisdictions around the globe. ...more

Hogan Lovells

In the world of COVID-19, companies must not quarantine competition law compliance

Hogan Lovells on

Competition law will not be at the top of companies' agendas today. COVID-19 presents companies with many challenges. Companies will be looking for whatever solutions they can find to deal with this crisis. ...more

Dorsey & Whitney LLP

Increase in HSR Reportability Thresholds and Other HSR Developments

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On January 28, 2020, the Federal Trade Commission (FTC) announced the annual adjustment of the thresholds that trigger premerger reporting obligations (and the mandatory waiting period) under the Hart-Scott Rodino (HSR) Act,...more

Mintz - Sports Entertainment Viewpoints

Will Supreme Court Review Challenges to Baseball Antitrust Exemption?

You don’t think of sports website FanGraphs as a go-to source for legal analysis. But in a provocative April 30th post by Nathaniel Grow,...more

Bradley Arant Boult Cummings LLP

The (Exempt) Boys of Summer: 9th Circuit Upholds Minor League Baseball Antitrust Exemption in Wage Suit

Does Major League Baseball’s (MLB) farm league system violate federal antitrust laws? Not according to the 9th Circuit. As written about in this previous post from July 2016 and one from July 2015, numerous minor league...more

Baker Donelson

Insurer Antitrust Exemption in Europe in Jeopardy

Baker Donelson on

In the United States, the McCarran Ferguson Act provides insurers with an exemption from the federal antitrust laws. Enacted in 1945, the Act provides that conduct that constitutes the "business of insurance" is outside the...more

Farella Braun + Martel LLP

Major League Baseball Is Exempt From The Antitrust Laws – Like It Or Not: The “Unrealistic,” “Inconsistent,” And “Illogical”...

The Athletics baseball team has been located in Oakland, California for many years. Several years ago, the A’s decided they would like to move their franchise to San Jose, which they anticipate would be a more profitable...more

Manatt, Phelps & Phillips, LLP

City of San Jose "Strikes Out" in Case Against MLB

Baseball holds a special place in America’s heart, but it also holds a special place in our judicial system when it comes to federal antitrust law. Unlike other professional sports, such as football, hockey, and basketball,...more

Sheppard Mullin Richter & Hampton LLP

Major League Baseball’s Antitrust “Exemption” Is Immune From Judicial Overrule

The City of San Jose, California, entered into an option contract to lease land to the Oakland A’s, a Major League Baseball (“MLB”) club, for the construction of a new stadium. The land was within the exclusive territory of...more

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