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New Antitrust Guidance Provides Ground Rules for Labor Markets—Or Does It?

On January 16, 2025, the Federal Trade Commission (FTC) and the U.S. Department of Justice, Antitrust Division (collectively, the Agencies) released the updated Antitrust Guidelines for Business Activities Affecting Workers...more

The AI Executive Order and Antitrust Enforcement: An Uncertain Future

On October 30, 2023, President Biden issued the “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” (AI EO). At 63 pages, the AI EO outlines a comprehensive framework for...more

A Return to the Core Principles of Antitrust: Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan Reflect on Their...

On October 5, 2023, the Brookings Institution hosted an event entitled “A conversation with FTC Chair Lina Khan and DOJ Assistant Attorney General Jonathan Kanter on antitrust enforcement.” The discussion was moderated by the...more

FTC Proposes New HSR Filing Requirements

Companies pursuing acquisitions that require a filing in the United States under the Hart-Scott-Rodino Act (HSR) may, by year-end, face vastly expanded disclosure requirements necessitating far greater investments in time,...more

AI and Antitrust – When Does an Algorithm Become an Agreement?

This blog post is the first in a three-part series exploring the intersection between AI and antitrust.  The first blog post in this series discusses the U.S. Department of Justice, Antitrust Division’s (Division) first...more

The New Hart-Scott-Rodino Filing Thresholds: The FTC and Congress Join Forces to Further President Biden’s Antitrust Agenda

On January 23, 2023, the Federal Trade Commission (FTC) enacted the most radical change to Hart-ScottRodino Act (HSR) filing thresholds in decades. Pursuant to the Merger Filing Fee Modernization Act of 2022, which was signed...more

Covenants not to Compete: The End of an Era

On January 5, 2023, Federal Trade Commission (FTC) Chair Lina Khan announced a proposed federal regulation that, if enacted, would invalidate non-competes and similar restrictive covenants that are routinely used by companies...more

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