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Unfair Competition Federal Trade Commission (FTC)

Vedder Price

FTC Again Targets Unfair Employee Non-Competes

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In September 2025, the Federal Trade Commission (“FTC”) took steps to crack down on anticompetitive employee non‑competes even as the FTC abandoned the Biden Administration’s efforts to broadly ban them by rule. As a first...more

Baker Botts L.L.P.

After Abandoning Its Court-Forestalled Nationwide Noncompete Ban, the FTC Is Now Signaling a Case-by-Case Enforcement Strategy for...

Baker Botts L.L.P. on

The FTC’s recent decision to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC formally ends the Biden administration’s attempt at a nationwide noncompete ban. Under former Chair Lina Khan, the FTC...more

Fisher Phillips

FTC Warns Healthcare Employers and Staffing Firms Over Noncompetes: 5 Takeaways + 5 Action Steps

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Healthcare employers and the staffing firms who serve them should take note: federal authorities recently announced they will specifically target the use of noncompetes and other restrictive covenants in the healthcare space....more

Vinson & Elkins LLP

Cartels Antitrust Enforcement and Litigation - September 2025

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The word “cartel” conjures images of mobster movies, lurid headlines, and drug busts. But a less exotic brand of cartel can be far more relevant to the business world. In an economic sense, a cartel is simply a collection of...more

Bass, Berry & Sims PLC

FTC Issues Letters to Healthcare Employers Regarding Non-Compete Agreements

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Although the Federal Trade Commission (FTC) announced on September 5 that it was ending its appeals of decisions in the Fifth and Eleventh Circuits which set aside the FTC nationwide non-compete ban thereby ending its defense...more

King & Spalding

FTC Warns Healthcare Employers Against Noncompetes

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On September 10, 2025, FTC Chairman Andrew N. Ferguson issued letters to several healthcare employers and staffing companies urging them to carefully review their use of noncompetes or other restrictive terms in their...more

Cozen O'Connor

FTC Chairman Submits Regulatory Reform Recommendations to OMB

Cozen O'Connor on

FTC Chairman Andrew Ferguson submitted a report to the Office of Management and Budget recommending deletion or modification of more than 125 federal regulations he views as anticompetitive. ...more

Husch Blackwell LLP

FTC Abandons 2024 Non-Compete Rule, Signals Priority in Non-Compete Enforcement Actions

Husch Blackwell LLP on

On September 5, 2025, the Federal Trade Commission (FTC) took steps to formally end its efforts to implement a nationwide ban on non-compete agreements, agreeing to vacate the Non-Compete Clause Rule and dismiss all pending...more

Hogan Lovells

FTC sets new course for enforcement of noncompete agreements

Hogan Lovells on

On September 5, the FTC ended the nearly 18-month legal purgatory for the agency’s Non-Compete Clause Rule, voting to withdraw its appeal of a Texas District Court’s decision setting aside the Rule, and accede to the Rule’s...more

Harris Beach Murtha PLLC

FTC Abandons Non-Compete Prohibition

Last week, the Federal Trade Commission (FTC) abandoned its quest to ban non-compete agreements, while also seeking dismissal of its appeals of courts decisions invalidating its non-compete ban rule. We reported on the FTC’s...more

Fisher Phillips

FTC Turns Up the Heat for Noncompete Enforcement: 5 Steps for Employers to Stay Compliant in a New Regulatory Era

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The Federal Trade Commission just launched a new era of oversight when it comes to noncompete agreements between employers and employees, and the aggressive moves from the agency are turning some heads. On Thursday, it...more

Parker Poe Adams & Bernstein LLP

FTC Prioritizes Aggressive Labor Market Enforcement With Focus on Noncompetes, Raising Antitrust Implications

The Federal Trade Commission (FTC) announced on September 4, 2025, that it had filed a complaint against one of the largest pet cremation businesses in the U.S., alleging that the company’s widespread use of noncompete...more

Axinn, Veltrop & Harkrider LLP

FTC Drops Its Non-Compete Ban, but Vows Continued Enforcement

The Federal Trade Commission (FTC) has abandoned its defense of the rule proposed by the Biden Administration banning almost all employer-employee non-competes. As a result, the broad non-compete rule is dead. At the same...more

IMS Legal Strategies

Best Practices for Materiality Surveys in False or Deceptive Advertising Cases

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This article provides an overview of materiality’s important role in false and deceptive advertising law, centered around the role of consumer surveys. It explains the legal requirements for materiality under different...more

Lathrop GPM

FTC Voluntarily Dismisses Recently Filed Suit Against PepsiCo for Illegal Price Discrimination

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On May 22, 2025, the Federal Trade Commission (FTC) voluntarily dismissed its case against PepsiCo alleging price discrimination in violation of the Robinson-Patman Act. Federal Trade Commission v. PepsiCo, Inc.,...more

Stevens & Lee

The Administrative State, a Three-Legged Stool, the Supreme Court and FCC v. Consumers’ Research

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The U.S. Supreme Court recently handed down its decision in Federal Communications Commission v. Consumers’ Research, a case involving the question whether Congress’s delegation of authority to the FCC to implement provisions...more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

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A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies [Updated on July 16, 2025]

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After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment

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On June 09, 2025, the United States District Court for the Northern District of Illinois denied a motion to dismiss filed by a manufacturer of agricultural equipment (“Defendant”) in a right-to-repair action brought by the...more

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

Cadwalader, Wickersham & Taft LLP

The Robinson-Patman Act: Public Enforcement Rejoins the Private Bar

Building upon developing momentum in the courts and among commentators, government enforcers and the private bar have seen recent successes in litigation involving the Robinson-Patman Act (RPA). The FTC in April notched a win...more

Akin Gump Strauss Hauer & Feld LLP

Combating Unfair Practices in the Live Entertainment Market (Trump EO Tracker)

Requires the Attorney General and the Federal Trade Commission (FTC) to ensure that competition laws are appropriately enforced in the concert and entertainment industry when venues, ticketing agencies, or a combination are...more

Zelle  LLP

Ninth Circuit Upholds Denial of American Booksellers Association’s Motion to Intervene in FTC v. Amazon.com

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On December 4, 2024, the Ninth Circuit upheld the District Court’s denial of the American Booksellers Association’s motion to intervene in an antitrust suit brought against Amazon.com by the FTC and 19 states. The Ninth...more

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