In January, as the Biden Administration drew to a close, the U.S. Department of Justice (“DOJ”) and eight state attorneys general amended their antitrust lawsuit against software maker RealPage, Inc. (“RealPage”). The lawsuit...more
2/12/2025
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Data Privacy ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Landlords ,
Sherman Act ,
Software
The United States antitrust laws generally are designed to curtail anticompetitive behavior that has or is expected to have a significant impact on competition. However, the antitrust laws also create a procedural framework...more
On August 20, 2024, Judge Ada Brown of the U.S. District Court for the Northern District of Texas granted a nationwide injunction setting aside the Federal Trade Commission’s (“FTC”) rule banning most non-compete clauses in...more
8/22/2024
/ Antitrust Litigation ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
FTC Act ,
Non-Compete Agreements ,
Preliminary Injunctions ,
Regulatory Authority ,
Restrictive Covenants ,
Statutory Authority ,
Texas
The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more
6/25/2024
/ Antitrust Provisions ,
Competition ,
Compliance ,
Distributors ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Price Discrimination ,
Purchasers ,
Retail Market ,
Robinson-Patman Act
Last month, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) (collectively, the “Agencies”) released the 2023 Merger Guidelines (the “Guidelines”). The Guidelines are the latest...more
On June 27, 2023, the Federal Trade Commission (“FTC”) announced that it is proposing changes to the premerger notification rules that implement the Hart-Scott-Rodino (“HSR”) Act and to the HSR form and instructions...more
The United States antitrust agencies continue to increase the pressure on private equity firms. The Federal Trade Commission (“FTC”) has amplified its position that rollups will get much harder looks, even if they are below...more
Twice in the past month, the Federal Trade Commission unanimously announced consent decrees that allow recent private equity-sponsored deals to close with some divestitures but also impose prior notice requirements for future...more
News of the Federal Trade Commission’s (FTC) plans to create a new task force focused on monitoring competition in U.S. technology markets is making headlines for the suggestion that the agency might seek to unwind already...more