On January 5, 2023, the United States Federal Trade Commission (“FTC”) proposed a new rule (the “Proposed Rule”) that — if implemented — could dramatically restrict the use of non-compete agreements throughout the United...more
1/9/2023
/ Contract Terms ,
Employment Contract ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Proposed Rules ,
Public Comment ,
Restrictive Covenants ,
Section 5 ,
Unenforceable Contract Terms ,
Unfair Competition
On December 29, President Biden signed into law the Consolidated Appropriations Act, 2023 (CAA-23) — a $1.7 trillion omnibus spending package that includes notable changes to current antitrust laws and policies. This...more
Summary -
..The FTC and DOJ suffered twin setbacks in the healthcare space. In both UnitedHealth/Change and Illumina/Grail, the agencies’ reliance on more novel theories of harm failed to convince skeptical judges....more
11/11/2022
/ Antitrust Division ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Horizontal Merger Guidelines ,
Horizontal Mergers ,
Hospitals ,
Mergers ,
Popular ,
Private Equity ,
Vertical Mergers
AGENCIES APPEAR POISED TO TARGET TECH, LIFE SCIENCES AND PRIVATE EQUITY TRANSACTIONS -
U.S. Federal Trade Commission (“FTC”) Chair Lina Khan and the head of the U.S. Department of Justice (“DOJ”), Antitrust Division,...more
As required by the HSR Act, on January 21, 2022, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $101 million. Note, this is an increase...more
1/21/2022
/ Antitrust Provisions ,
Civil Monetary Penalty ,
Energy Policy and Conservation Act (EPCA) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
FTC Act ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Reporting Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
The U.S. Supreme Court dealt a blow to the U.S. Federal Trade Commission (“FTC”) in a recent decision that eliminated the agency’s ability to seek monetary remedies in enforcement actions in federal court. This new ruling has...more
As required by the HSR Act, on February 1, 2021, the U.S. Federal Trade Commission (“FTC”) released its annual adjustments to the reporting thresholds. The key number to remember is now $92 million. Note, this is a decrease...more
2/2/2021
/ Antitrust Division ,
Civil Monetary Penalty ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Mergers ,
Pre-Merger Filing Requirements ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
Visa abandoned its $5.3 billion acquisition of Plaid Inc., a fintech company known for its data aggregation technology, but which was developing a potential rival to Visa’s online debit services. The parties abandoned the...more
The Federal Trade Commission and the Antitrust Division of the Department of Justice (the “Agencies”) recently proposed two changes to the Hart-Scott-Rodino (“HSR”) rules that, if implemented, will materially impact private...more
10/1/2020
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Exemptions ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Hart-Scott-Rodino Act ,
Investment Firms ,
Private Equity ,
Proposed Rules ,
Public Comment ,
Size of Persons Test ,
Size of Transaction Test ,
Venture Capital
As required by the HSR Act, on January 28, 2020, the FTC released its annual adjustments to the reporting thresholds. The key number to remember is now $94 million. Generally, transactions valued at $94 million or more must...more