On January 5, 2023, the Federal Trade Commission (“FTC”) announced plans to prohibit employers from imposing or enforcing non-compete clauses in agreements with workers, including employees and independent contractors, in...more
1/9/2023
/ Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
NPRM ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unfair Competition
On August 26, 2022, the Federal Trade Commission announced it had approved a series of “omnibus” resolutions permitting FTC staff to more freely use compulsory process (civil investigative demands or subpoenas) in...more
On July 27, 2022, the Federal Trade Commission (“FTC”) voted 3-2 to sue in federal district court to block Meta Platforms, Inc.’s (“Meta”) acquisition of Within Unlimited, Inc. (“Within”), a virtual reality (“VR”) app...more
In a pair of unanimous decisions, the Federal Trade Commission this week issued consent orders resolving challenges to two acquisitions. Both enforcement actions focus on top priorities of the Biden antitrust enforcers...more
On May 11, 2022, the U.S. Senate confirmed Alvaro Bedoya to an open seat on the Federal Trade Commission (“FTC”). Bedoya’s confirmation re-establishes a 3-2 Democratic majority, ending a period of split partisan control in...more
The Department of Justice (“DOJ”) recently signaled a possible shift in its antitrust merger review and remedies practice, moving away from a willingness to allow transactions to proceed through a divesture process....more
The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”). The new HSR Act...more
Antitrust activity increased significantly in 2021. This past year brought numerous changes in merger and non-merger enforcement policies and priorities that signal increased scrutiny in industry transactions. The “Biden...more
1/19/2022
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
AMG Capital Management LLC v FTC ,
Antitrust Division ,
Big Tech ,
Chemicals ,
Competition ,
Criminal Antitrust Anti-Retaliation Act of 2015 ,
Department of Justice (DOJ) ,
Energy Sector ,
Enforcement ,
Environmental Social & Governance (ESG) ,
EU ,
Federal Trade Commission (FTC) ,
Joe Biden ,
Market Manipulation ,
Merger Controls ,
Mergers ,
No-Poaching ,
Notice of Proposed Rulemaking (NOPR) ,
Oil & Gas ,
Oil Prices ,
Pipelines ,
Price Inflation ,
Procurement Collusion Strike Force ,
Rulemaking Process ,
SCOTUS ,
Transparency ,
Vertical Mergers ,
Warning Letters
On December 2, 2021, the Federal Trade Commission (“FTC”) announced that it had filed an administrative complaint (the “Complaint”) to block Nvidia Corp.’s (“Nvidia”) $40 billion acquisition of U.K. chip design provider Arm...more
In a recent exchange of letters with the White House, the chair of the Federal Trade Commission (“FTC”) signaled her intent to ramp up antitrust enforcement in the oil and gas industry. The move comes as part of a broader...more
9/7/2021
/ Acquisition Agreements ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Federal Trade Commission (FTC) ,
Gas Prices ,
Infrastructure ,
Merger Agreements ,
Oil & Gas ,
Oil Prices ,
Regulatory Reform ,
Regulatory Standards ,
Unfair Competition
On July 20, 2021, President Biden nominated Jonathan Kanter, founder of the Kanter Law Group, to serve as Assistant Attorney General for the Antitrust Division at the Department of Justice (“DOJ”). Mr. Kanter is well known in...more
On July 9, 2021, the Biden administration issued an “Executive Order on Promoting Competition in the American Economy” (“EO”) that seeks to “promote the interests of American workers, businesses, and consumers.”1 That same...more
On June 15, 2021, President Biden appointed Lina M. Kahn as Chair of the Federal Trade Commission (“FTC”) following her Senate confirmation earlier that day. The appointment is being celebrated by those calling for more...more
On April 22, 2021, the Supreme Court limited the Federal Trade Commission’s ability to seek restitution or disgorgement under Section 13(b) of the FTC Act. Justice Stephen G. Breyer, author of the unanimous 9-0 decision,...more
On March 16, 2021, the Federal Trade Commission (“FTC”) announced its plans to initiate an international working group that will “identify concrete and actionable steps to review and update the analysis of pharmaceutical...more
The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds...more
Antitrust activity in the energy and chemical sectors was steady and robust in 2020. Even though U.S. antitrust agencies witnessed the first year-over-year drop in total merger activity since 2012, the agencies investigated...more
On June 30, 2020, the Department of Justice and the Federal Trade Commission released new Vertical Merger Guidelines (“Guidelines”), which explain how the agencies assess mergers and acquisitions of companies at different...more
Participants in the renewable energy industry should be aware of antitrust and competition rules because renewable energy is no longer a nascent field. In 2020, renewable energy is expected to account for approximately 20% of...more
What did antitrust enforcement look like in the energy sector in 2019? It was limited to the Federal Trade Commission seeking relief in a single transaction and the Department of Justice obtaining two additional guilty pleas...more
The Federal Trade Commission (FTC) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act), as well as the thresholds...more
1/30/2020
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements