The Federal Trade Commission’s (FTC’s) January 5, 2023 Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule, which would ban nearly all post-employment non-competes, signals a possible sea-change for employers...more
On 5 January 2023, the Federal Trade Commission (FTC) released a Notice of Proposed Rulemaking (NPRM) for the Non-Compete Clause Rule. The proposed rule, if adopted, would effectively ban the use of non-competes with...more
On 10 November 2022, the Federal Trade Commission (FTC or Commission) issued a Policy Statement (the Policy Statement) outlining a significant expansion of its mandate to target “unfair methods of competition” under Section 5...more
This Congress, both the House and Senate have engaged in a high-profile, high-stakes effort to reform antitrust rules for the tech industry. While efforts to pass a large scale tech competition bill have been stymied thus...more
On 26 August 2022 the Federal Trade Commission (FTC) continued its recent trend of expanding its ability to initiate new investigations, announcing that it approved omnibus resolutions that will allow the agency to...more
It has been one year since President Biden signed a far-reaching, industry-spanning Executive Order on Promoting Competition in the American Economy. The Executive Order outlines a “whole-of-government” approach to...more
8/5/2022
/ Antitrust Provisions ,
Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Competition ,
Defense Sector ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Drug Pricing ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Popular ,
USDA
On June 14 and 15, 2022 the Federal Trade Commission (FTC) hosted a workshop titled “Future of Pharmaceuticals: Examining the Analysis of Pharmaceutical Mergers.” The workshop was a culmination of the work of the...more
On 18 January 2022 the Department of Justice (DOJ) and Federal Trade Commission (FTC) held a press conference to announce a joint effort to modernize the horizontal and vertical federal merger guidelines “to better detect and...more
On 25 October, the FTC released a Statement on the Use of Prior Approval Provisions in Merger Orders (Prior Approval Statement) making clear that the agency intends to include in all divestiture orders a requirement that the...more
On 15 September 2021, the Federal Trade Commission (FTC) published findings from its retrospective study of the non-reported acquisitions by five large technology companies from 2010-2019 (the Report). Focusing on 616...more
On 15 September 2021 the Federal Trade Commission (FTC) held its third open meeting under the leadership of Chair Lina Khan. As expected, the Commissioners voted along party lines to rescind the Vertical Merger Guidelines...more
On 9 July 2021 President Biden signed a far-reaching executive order intended to promote competition in the American economy. The order targets perceived corporate consolidation and anticompetitive activity in the labor,...more
On 22 April, the Supreme Court dealt a striking blow to the Federal Trade Commission’s (FTC) longstanding reliance on Section 13(b) of the Federal Trade Commission Act (FTC Act) as a basis for obtaining monetary relief for...more
Join the Hogan Lovells Antitrust and Competition team on Friday, March 12, 2021 to discuss hot antitrust topics in the life sciences industry, including:
- What life sciences companies should expect with respect to...more
3/5/2021
/ Acquisitions ,
Antitrust Provisions ,
Competition ,
Continuing Legal Education ,
Development Agreements ,
EU ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Life Sciences ,
Mergers ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Secondary Markets ,
Webinars
On 22 December 2020, on a divided vote, the Federal Trade Commission (FTC or the Commission) issued a Commentary on Vertical Merger Enforcement (FTC Commentary) to provide “greater transparency to the public regarding its...more
The COVID-19 pandemic has affected U.S. health care in an unprecedented way, requiring hospitals, providers, and suppliers to collaborate to respond to the urgency of the crisis. The situation has also put pressure on...more
On 24 March 2020 the Antitrust Division of the Department of Justice (DOJ) and the Bureau of Competition of the Federal Trade Commission (FTC) (collectively the agencies) released a joint statement providing guidance to the...more
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
On 11 February 2020 Federal Trade Commission (FTC) announced that it has issued Special Orders to five large technology firms requiring them to “provide information about prior acquisitions not reported to the antitrust...more
2/13/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare Facilities ,
Popular ,
Regulatory Requirements ,
Reporting Requirements ,
Request For Information ,
Threshold Requirements
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have extended the deadline for public comments on the draft vertical merger guidelines (the Guidelines), which were published jointly by the agencies on 10...more
2/5/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Deadlines ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Public Comment ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers
On 9 January 2020 the Federal Trade Commission (FTC) held a public workshop in Washington, D.C. to assess whether it should "promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee...more
1/17/2020
/ Antitrust Provisions ,
Comment Period ,
Competition ,
Confidential Information ,
Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Public Comment ,
Public Workshops ,
Regulatory Oversight ,
Restrictive Covenants ,
Rulemaking Process
On Friday, 10 January 2020 the Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively, the agencies) announced the publication of draft vertical merger guidelines that describe how the agencies currently...more
1/14/2020
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Comment Period ,
Competition ,
Department of Justice (DOJ) ,
Draft Guidance ,
Federal Trade Commission (FTC) ,
Merger Controls ,
Mergers ,
Regulatory Agenda ,
Rulemaking Process ,
Vertical Mergers