News & Analysis as of September 22, 2024

Antitrust Provisions

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Balancing Act: Navigating Nuances in Labor Market Enforcement

WilmerHale on 7/8/2024

In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

U.K. antitrust regime revamp

A&O Shearman on 6/3/2024

The Digital Markets, Competition and Consumers Act 2024 will in the main start to take effect in stages later in 2024 and will bolster the powers of the Competition and Markets Authority (CMA) to enforce U.K. antitrust rules....more

[Webinar] Trends in Antitrust Litigation - June 14th, 12:00 pm - 1:15 pm ET

TransPerfect Legal on 5/24/2024

Join us for an engaging CLE program when our panel of antitrust experts will discuss the latest trends in antitrust litigation, regulation and enforcement. We’ll explore recent changes to competition regulation in the U.S.,...more

Heard at the 2024 Antitrust Law Section Spring Meeting: Part II

McDermott Will & Emery on 4/15/2024

The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more

FDIC Proposes Limitations on Use of Non-Competes

Ballard Spahr LLP on 4/5/2024

On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) issued its proposed Statement of Policy on Bank Merger Transactions (the “Proposal”) for public comment. The Proposal seeks to update guidance, last...more

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

Skadden, Arps, Slate, Meagher & Flom LLP on 3/26/2024

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

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

Proskauer - Law and the Workplace on 7/6/2022

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

Employee Talent Wars Gain Unprecedented Ammunition from Changing Antitrust Landscape

Holland & Knight LLP on 6/16/2022

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

FTC and DOJ Hold Workshop On Non-Compete Agreements

Proskauer - Law and the Workplace on 12/15/2021

As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more

FTC Chair Khan Highlights Key Policy Priorities Going Forward, but Aggressive Agenda Faces Uphill Climb

Skadden, Arps, Slate, Meagher & Flom LLP on 10/5/2021

In a September 22, 2021, memorandum to staff, Federal Trade Commission (FTC) Chair Lina Khan formally laid out her “Vision and Priorities for the FTC,” reaffirming her calls for broad antitrust enforcement organized around...more

Three Takeaways from “Navigating the New Antitrust Enforcers”

Vinson & Elkins LLP on 9/8/2021

Corporate acquirers accustomed to government inertia in antitrust reform are navigating a sea change in Washington, according to Craig Seebald, a Washington, D.C.-based Partner and leader in the global Antitrust Group at...more

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on 9/2/2021

Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more

What health systems should know about President Biden’s Executive Order Promoting Competition

Hogan Lovells on 7/20/2021

On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. ...more

Biden Administration Issues Sweeping Executive Order to Foster Competition

Womble Bond Dickinson on 7/16/2021

This afternoon, President Biden signed a landmark executive order aimed at promoting economic competition by limiting the power of large corporations. The sweeping executive order includes 72 initiatives across more than a...more

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on 7/15/2021

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

OFCCP Week In Review: July 2021 #2

DirectEmployers Association on 7/13/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

White House Issues Executive Order on Promoting Competition in the American Economy

King & Spalding on 7/12/2021

The White House announced today that President Joe Biden issued an expansive executive order designed to enhance competition across multiple sectors of the U.S. economy, including healthcare, technology, internet service,...more

President Biden Signs Executive Order to Promote Competition in the American Economy

Smith Gambrell Russell on 7/12/2021

On July 9, 2021, President Joe Biden signed Executive Order 14036 providing direction to promote competition in the American economy. The Executive Order contains directives for federal agencies addressing issues in the...more

Exclusivity, Noncompetes, and No Poaching: Navigating UK and US Employment and Competition Laws

Morgan Lewis on 3/2/2021

Laws in the United Kingdom and United States are increasingly taking a more restrictive view on the permitted scope of exclusivity and noncompete clauses. On December 4, 2020, the UK government launched a consultation on...more

The California Supreme Court Clarifies Section 16600 as Applied to Business Contracts and Holds That an Independently Wrongful Act...

Orrick - Trade Secrets Group on 8/7/2020

The most powerful tool capable of invalidating competitive restraints under California law is Business and Professions Code section 16600. That statute states that “[e]very contract by which anyone is restrained from...more

The DOJ and FTC Issue Joint Statement on Competition in Labor Markets in Light of COVID-19: What Effect, If Any, Does This Have on...

Seyfarth Shaw LLP on 4/27/2020

On April 13, 2020, the Department of Justice’s Antitrust Division and the Federal Trade Commission’s Bureau of Competition released a joint statement and press release regarding “competition in labor markets” and potential...more

Youth Soccer Company Cries Foul at Competitor and Former Employees

Seyfarth Shaw LLP on 3/17/2020

On March 3, 2020, Massachusetts Premier Soccer LLC, doing business as Global Premier Soccer (“GPS”), filed a complaint in the US District Court for the District of Massachusetts, alleging that two of its former...more

The Future of Employment Non-Competes: The Federal Trade Commission Considers Rulemaking and Signals an Appetite for Stricter...

ArentFox Schiff on 1/27/2020

In short, the petitioners asked for a rule that non-competes are an unfair method of competition that is illegal per se under Section 5(a) of the Federal Trade Commission Act. Further, they asked that any employer presenting,...more

A Solution in Search of a Problem? FTC Hosts Workshop to Consider Authority to Abolish Non-Competes

Seyfarth Shaw LLP on 1/24/2020

Within the last five months, the two executive arms responsible for enforcing antitrust laws—the US Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”)—held public workshops to examine the effect of...more

FTC Challenges Axon’s Consummated Acquisition of Body-Worn Camera Competitor

McDermott Will & Emery on 1/20/2020

The US antitrust regulators continue to challenge consummated transactions. On January 3, 2020, the FTC filed an administrative complaint against Axon Enterprise, Inc., challenging its consummated acquisition of VieVu, a...more

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