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

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

FTC Initiates Monopolization Lawsuit Against Roll-Up Acquisitions in Anesthesiology Markets

On Sept. 21, 2023, the Federal Trade Commission (FTC) brought a lawsuit in the U.S. District Court for the Southern District of Texas against US Anesthesia Partners (USAP), a large healthcare provider platform, and private...more

Questions Surround Federal Trade Commission’s Authority to Issue Non-Compete Clause Rule

With the public comment period coming to a close, business groups and others have made statements and submitted public comments criticizing the Federal Trade Commission’s (FTC’s) proposed rule to ban non-compete clauses as an...more

DOJ Considers Updated Guidance on Information-Sharing, as Part of Renters Bill of Rights

On Jan. 25, 2023, the White House announced President Joe Biden’s Blueprint for a Renters Bill of Rights and several related initiatives “to increase fairness in the rental market and further principles of fair housing.” The...more

Federal Trade Commission Proposes to Bar Almost All Non-Compete Agreements in Contracts With Workers

On Jan. 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements between employers and workers in most circumstances and require employers to rescind any existing non-compete agreements...more

FTC Issues New Policy on “Unfair Methods of Competition,” Shunning Past Practice

On Nov. 10, 2022, the Federal Trade Commission (FTC) issued an expansive — and at times opaque — policy statement on its enforcement of the federal ban on “unfair methods of competition” under Section 5 of the FTC Act. This...more

DOJ and NLRB Announce New Partnership to Enhance Enforcement in Labor Markets

On July 26, 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the National Labor Relations Board (NLRB) signed a joint memorandum of understanding (MOU) with the goal of “promoting the free flow of commerce...more

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...more

Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement

On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

DOJ, FTC Clarify Merger Review Analysis With New Vertical Merger Guidelines

On June 30, 2020, the Department of Justice and a divided Federal Trade Commission finalized new Vertical Merger Guidelines applicable to acquisitions and mergers that combine firms or assets at different stages of the same...more

DOJ, FTC Warn Against Employment Collusion That Harms COVID-19 Front-Line Workers

On April 13, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission issued a joint statement warning they are closely monitoring employer collusion....more

Businesses Get Faster Antitrust Help, But DOJ, FTC Warn Against Using Crisis To Curb Competition

On March 24, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission issued a joint statement acknowledging that individuals and businesses are quickly working...more

DOJ/FTC Antitrust Guidance for HR Professionals Part 2

Last month, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance to human resources professionals, cautioning that they (and their companies) risk violating federal antitrust laws...more

Raising Red Flags: DOJ and FTC Issue Antitrust Guidance for HR Professionals

The U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued joint guidance on Oct. 20, 2016, cautioning companies that they risk violating federal antitrust laws by entering into agreements with...more

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