Private equity is squarely in the cross hairs of regulators; the Department of Justice Antitrust Division, the Federal Trade Commission, and the U.S. Department of Health and Human Services recently announced the launch of a...more
3/8/2024
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Competition ,
Corporate Sales Transactions ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FTC Act ,
Hart-Scott-Rodino Act ,
Healthcare ,
Hospital Mergers ,
Private Equity ,
Section 5 ,
Section 7 ,
Sherman Act ,
The Clayton Act
Summary -
Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more
11/21/2023
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Employees ,
Employment Contract ,
Enforcement Actions ,
Motion to Dismiss ,
No-Poaching ,
Sherman Act ,
Wage-Fixing
Summary -
The Federal Trade Commission (FTC) and Department of Justice (DOJ) have taken steps to update the Merger Guidelines and overhaul the premerger notification process, each with a sharpened focus on the effect a...more
Summary -
Companies across all sectors of the economy—car manufacturers, apparel brands, banks, utilities, insurers, and asset managers—are increasingly working within their respective industries’ sustainability...more
Summary -
The Federal Trade Commission (FTC), with the concurrence of the Department of Justice Antitrust Division, published a Notice of Proposed Rulemaking (Proposed Rule) aiming to revamp the premerger notification...more
6/30/2023
/ Acquisition Agreements ,
Comment Period ,
Corporate Sales Transactions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Notice of Proposed Rulemaking (NOPR) ,
Pre-Merger Filing Requirements ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform
Summary -
The DOJ upended health care antitrust enforcement guidance last Friday by withdrawing previous guidance from 1993, 1996, and 2011 it characterized as “overly permissive on certain subjects,” stating that it no...more
On October 27, 2022, VDA OC, LLC, (VDA) a Nevada health care staffing company, pleaded guilty to participating in a conspiracy to suppress and eliminate competition for the services of school nurses. According to the plea,...more
Summary -
Earlier this year, the head of the Antitrust Division at the U.S. Department of Justice, Jonathan Kanter, signaled that the agency would be ramping up its investigation of companies with interlocking directorates...more
The Department of Justice (DOJ) and the Federal Trade Commission (FTC) formally released the new Vertical Merger Guidelines on June 30, 2020, to provide insight to companies as to how the agencies will evaluate the...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly released a statement announcing their focus on anticompetitive conduct in U.S. labor markets...more
The Bureau of Competition of the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) announced they would be providing expedited guidance to companies embarking on procompetitive...more
In light of the COVID-19 outbreak, the U.S. Department of Justice announced that it intends to hold accountable anyone who commits antitrust violations—by fixing prices, rigging bids, or allocating customers—in connection...more
3/13/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Bid Rigging ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Justice (DOJ) ,
Emergency Response ,
Infectious Diseases ,
Preventive Health Care ,
Price-Fixing ,
Public Health
Employers should assess whether their employment practices— including benchmarking, recruitment, and the sharing of information about employee compensation—comply with antitrust law requirements in the face of increased...more
10/31/2018
/ Anticompetitive Behavior ,
Antitrust Provisions ,
Benchmarking ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Hiring & Firing ,
Human Resources Professionals ,
Information Sharing ,
No-Poaching ,
Recruitment Policies ,
Wage-Fixing
The Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (DOJ) yesterday jointly issued guidance to human resource professionals and others involved in hiring and compensation decisions. This...more
Signaling increased interest in conditional pricing, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) recently held a one-day workshop to examine the economic, legal, and policy...more
The Federal Trade Commission (FTC) issued final changes to the premerger notification rules to expand the circumstances that require pharmaceutical industry companies to report proposed acquisitions of exclusive patent rights...more