President Donald Trump signed the executive order “Reducing Anti-Competitive Regulatory Barriers” on April 9, 2025, directing federal agencies to identify and reform regulations that unnecessarily restrict market competition....more
While algorithmic pricing has been used in many industries for decades, the rapid development of artificial intelligence (AI) technology has led antitrust enforcers—including federal agencies and state attorneys...more
In the final days of the Biden administration and on the eve of significant agency turnover, the US Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued a new set of guidelines addressing...more
1/23/2025
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Franchises ,
Independent Contractors ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
The US Federal Trade Commission (FTC or Commission), in the final two months of the Biden administration, entered into two settlements in cases targeting the use of so-called “no-hire” restrictions in services agreements. In...more
On the eve of a new administration, the Federal Trade Commission (FTC) filed its first price-discrimination action under the Robinson-Patman Act (RPA) since 2000. The FTC sued Southern Glazer’s Wine and Spirits LLC in US...more
The Federal Trade Commission (FTC) and US Department of Justice’s (DOJ’s) Antitrust Division have announced the withdrawal of the Antitrust Guidelines for Collaborations Among Competitors (the Collaboration Guidelines). While...more
As we approach the end of 2024 and the 2024 US presidential and congressional elections, there are several key antitrust-related deadlines and potential changes to watch for at the US antitrust enforcement agencies and other...more
On April 23, the Federal Trade Commission (FTC), by a 3-2 vote, approved a Final Rule banning almost all worker noncompetes. The Final Rule will go into effect 120 days following its publication in the Federal Register. In...more
The Federal Trade Commission (FTC) conducted an open commission meeting on April 23 where the five FTC Commissioners voted on a final rule that would prevent employers from enforcing noncompetes against nearly all workers....more
The US Department of Justice’s Antitrust Division recently stated that antitrust compliance programs must include training for human resources professionals on issues such as wage-fixing and no-poach agreements in order to be...more
The Federal Trade Commission (FTC), supported by the Food and Drug Administration (FDA), issued a policy statement on September 14 indicating that the FTC intends to “scrutinize improper Orange Book listings” to identify...more
The Federal Trade Commission’s (FTC’s) January 5, 2023, notice of proposed rulemaking would ban businesses from entering into and maintaining noncompete clauses with workers. In this LawFlash, we answer several frequently...more
The Federal Trade Commission (FTC) announced a notice of proposed rulemaking (NPRM) on January 5, 2023, that would ban employers from entering into and maintaining noncompete clauses with their workers. With this potential...more
As highlighted previously, three federal banking agencies (the Federal Reserve Board, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency) recently issued proposed risk management...more
9/10/2021
/ Alston v NCAA ,
Antitrust Provisions ,
Banking Sector ,
Competition ,
Department of Justice (DOJ) ,
FDIC ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FRB ,
OCC ,
Proposed Guidance ,
Risk Assessment ,
Third-Party
In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC...more
For decades, the Federal Trade Commission has invoked Section 13(b) of the Federal Trade Commission Act to file suit in federal court in pursuit of both injunctive relief and equitable monetary relief....more
The joint statement recognizes that while the COVID-19 pandemic offers businesses an opportunity for procompetitive collaboration and benefits, it also increases significant risk of anticompetitive conduct in the labor...more