On January 16, 2025, in the waning hours of the Biden-Harris administration, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly released their “Antitrust Guidelines for Business Activities Affecting...more
1/23/2025
/ Antitrust Provisions ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Employment Contract ,
Employment Policies ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchises ,
Joint Policy Statements ,
Non-Compete Agreements ,
Restrictive Covenants ,
Unfair Competition
As we previously wrote, the Department of Justice’s (DOJ) April 2023 loss in United States v. Patel, its fourth in a criminal no-poach case, cast a pall over the agency’s enforcement efforts. The following month, the DOJ...more
In June 2021, the Supreme Court reaffirmed in NCAA v. Alston that antitrust claims under Section 1 of the Sherman Act “presumptively” call for rule-of-reason analysis and that only the rare case merits “quick look” or per se...more
7/25/2022
/ Alston v NCAA ,
Class Action ,
Federal Trade Commission (FTC) ,
Franchise Agreements ,
Franchises ,
Legitimate Business Interest ,
Legitimate Business Purpose ,
McDonalds ,
No-Poaching ,
Putative Class Actions ,
Restrictive Covenants ,
Rule-of-Reason Analysis ,
Sherman Act