Many organizations evaluate antitrust risk by considering potential investigation by the U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) or private action. However, firms should also consider that...more
6/16/2025
/ Antitrust Investigations ,
Antitrust Violations ,
Asset Management ,
Congressional Committees ,
Congressional Investigations & Hearings ,
Corporate Counsel ,
CVS ,
Department of Justice (DOJ) ,
Energy Sector ,
Federal Trade Commission (FTC) ,
Graduate Medical Education ,
Pharmaceutical Industry ,
Pharmacies ,
Trump Administration ,
Universities
On October 10, the Federal Trade Commission and the Antitrust Division of the Department of Justice issued the Final Rule amending the Premerger Notification Rules and propounding new Hart-Scott-Rodino (“HSR”) filing forms...more
As an update to our April 25, 2024 Client Alert, “FTC Issues New Rule—But Not the Final Chapter—on Non-Competes: What Employers Need to Know,” a federal court in Dallas, Texas has blocked the Federal Trade Commission’s Rule...more
8/22/2024
/ Administrative Procedure Act ,
Chamber of Commerce ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
Non-Compete Agreements ,
Pending Litigation ,
Restrictive Covenants ,
Statutory Authority ,
Unfair Competition
While finding this to be the “rare case” where a hospital’s imminent failure justified its acquisition by a competitor, Judge Kenneth Bell denied the Federal Trade Commission’s motion for a preliminary injunction to enjoin...more
The FTC’s recent campaign against private equity roll-ups hit a stumbling block on May 13 as the United States District Court for the Southern District of Texas tossed out the Federal Trade Commission’s antitrust claims...more
On April 22, the Federal Trade Commission issued its final “Non-Compete Clause Rule” which bans most non-competes in the United States. It will become effective 120 days after it is published in the Federal Register....more
4/26/2024
/ Constitutional Challenges ,
Defend Trade Secrets Act (DTSA) ,
Federal Trade Commission (FTC) ,
Former Employee ,
New Rules ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Restrictive Covenants ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
On March 5, the FTC convened a workshop with regulators, academics and stakeholders to discuss the impact of private equity in the healthcare market. The workshop reflects the FTC and DOJ Antitrust Division’s recent focus on...more
3/12/2024
/ Acquisitions ,
Anticompetitive Behavior ,
Antitrust Provisions ,
Biden Administration ,
Corporate Practice of Medicine ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Private Equity ,
Private Equity Firms
Today the Federal Trade Commission and the Antitrust Division of the Department of Justice released a proposed set of new Horizontal Merger Guidelines, to replace the current version adopted in 2010. The proposed Guidelines...more
On January 5, the Federal Trade Commission caught the attention of employers across the country by issuing a Notice of Proposed Rulemaking (NPRM). The proposed rule would ban the vast majority of non-compete clauses used in...more
Biden Administration leadership at both the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) has signaled the opening of more vigilant and skeptical eyes overseeing mergers,...more
1/10/2023
/ Acquisitions ,
Antitrust Division ,
Antitrust Provisions ,
Biden Administration ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Private Equity ,
Regulatory Agenda ,
Regulatory Oversight
On November 10, 2022 the Federal Trade Commission (“FTC”) released a Policy Statement that is nothing less than a seismic shift in antitrust precedent and practice. In the Statement, the Commission asserts that Section 5 of...more