On March 5, the Federal Trade Commission (FTC), U.S. Department of Justice’s Antitrust Division (DOJ), and Department of Health and Human Services (HHS) jointly issued a Request for Information on Consolidation in Health Care...more
The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) on December 21, 2023, released the FY 2022 HSR Annual Report (the Report). The Report covers the period October 1, 2021, through...more
On July 19, the Federal Trade Commission (FTC) and the U.S. Department of Justice Antitrust Division (DOJ) (collectively, the Agencies) released the long-anticipated updated draft Merger Guidelines1 (the Guidelines) for a...more
Since the mid-1990s, human resource (HR) professionals (and those advising them) have relied on the Department of Justice (DOJ) and Federal Trade Commission’s (FTC) “antitrust safety zone” articulated in Statement 6 of the...more
Updated as of January 31, 2023-
The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...more
1/31/2023
/ Department of Justice (DOJ) ,
Employment Contract ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Highly Compensated Employees ,
Joe Biden ,
No-Poaching ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Wage-Fixing
On January 18, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ, and together with the FTC, Antitrust Agencies) announced that they are “seek[ing] public comment on how the...more
A federal judge recently dismissed the Federal Trade Commission's challenge of Illumina Inc.'s acquisition of Grail Inc., a cancer-screening firm started and spun off years earlier by Illumina itself.
A victory for the...more
No matter how novel a scheme about “coordinating” with competitors to instill “discipline” in the market may seem, odds are that the antitrust enforcers have seen it before and eventually will prosecute it.
Take the recent...more
12/2/2020
/ Antitrust Division ,
Bid Rigging ,
Bids ,
Bumble Bee Foods ,
Competitive Bidding ,
Confessions ,
Corporate Counsel ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Leniency Programs ,
Price-Fixing ,
Whistleblowers
Last week, the Antitrust Division (Division) of the U.S. Department of Justice (Department or DOJ) issued a memorandum providing further guidance to Division attorneys and the public on the use of arbitration in civil...more
What You Need To Know:
•The Antitrust Division is training its sights on fintech deals in which incumbents buy up “nascent competitors.”
•If you’re on the buy-side considering a “nascent competitor” transaction, early...more
The Federal Trade Commission, by a 3-2 vote along party lines, has proposed for public comment two major changes to its Hart-Scott-Rodino (HSR) Act premerger notification rules. These changes would exempt from HSR filing some...more
On March 24, the U.S. Department of Justice Antitrust Division (the Antitrust Division) and the Federal Trade Commission (FTC) (collectively, the Agencies) issued a joint statement detailing a new expedited process for review...more
4/2/2020
/ Antitrust Division ,
Collaboration ,
Competition ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Justice (DOJ) ,
EU ,
European Commission ,
European Competition Network (ECN) ,
Federal Trade Commission (FTC) ,
State of Emergency
COVID-19 has impacted nearly every aspect of American life right now, and there are myriad legal issues companies are facing from the pandemic’s fallout. These include antitrust considerations, ranging from potentially...more
3/25/2020
/ Acquisitions ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Electronic Filing ,
Federal Trade Commission (FTC) ,
Filing Requirements ,
Government Lockdown ,
Hart-Scott-Rodino Act ,
Mergers ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
State of Emergency