News & Analysis as of

Acquisitions Unfair Competition

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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FTC v. Kroger Co., an early test of the 2023 Merger Guidelines, focused on competition within labor markets as well as within product markets. In its decision, the court noted that it was “not aware of any standard economic...more

Ropes & Gray LLP

Imitation Game: Legal Considerations with Dupes-Based Business Models

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Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more

A&O Shearman

New York State Court Finds Violation Of Donnelly Act Stemming From Ski Area Acquisition

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On February 26, 2025, the Supreme Court of the State of New York, County of Onondaga, rendered a decision involving an alleged anticompetitive acquisition under New York’s Donnelly Act. This decision demonstrates the...more

Mayer Brown

Europe Daily News, 05 February 2025

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COMPETITION - Prior notification of a concentration (Case M.11684 - Midea / Teka) - Prior notification of a concentration (Case M.11821 - Segro / PSPIB / Real Estate Assets)...more

Stevens & Lee

FTC Settlement Proposes Consent Order to Monitor Private Equity Firm Welsh Carson’s Acquisitions Plans

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We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...more

Morgan Lewis

2024 Antitrust & Competition Year in Review and Trends for 2025

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The past year marked the culmination of the Biden antitrust era. Under assertive leadership, the Federal Trade Commission (FTC) and the United States Department of Justice Antitrust Division (DOJ) adopted a more aggressive...more

McCarter & English, LLP

FTC Imposes Record $5.6M ‘Gun Jumping’ Fine

Crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) have agreed to pay a $5.6 million civil penalty to settle violations under Section 7A of the Clayton Act, as...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

White & Case LLP

Asia Pacific antitrust update

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As we move into 2024, legislative reform is on the minds of competition regulators in the region as they turn to competition policy to address perceived challenges in market structures and limit the extent to which businesses...more

Mintz - Antitrust Viewpoints

FTC Proposed Settlement Requires Private Equity Firm to Divest Shares, Relinquish Potential Board Seat, and Other Expansive...

The Federal Trade Commission (“FTC”), the Department of Justice Antitrust Division (“DOJ”), and the new proposed merger guidelines have all called out private equity transactions for particular scrutiny. The FTC just...more

Mintz - Health Care Viewpoints

New York Proposes Regulatory Review and Approval of Material Health Care Entity Transactions

On February 1, 2023, New York Governor Kathy Hochul announced the Fiscal Year 2024 New York State Executive Budget (the Executive Budget). One component of the Executive Budget’s Health and Mental Hygiene Article VII...more

Jones Day

FAQ About the FTC's Controversial New "Unfair Methods of Competition" Policy

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The Federal Trade Commission (“FTC”) released a new Policy Statement of its enforcement priorities for Section 5 of the FTC Act, which makes unlawful “unfair methods of competition.” Since the passage of the FTC Act in 1914,...more

A&O Shearman

The FTC Abandons (The Rule of) Reason

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On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC...more

Wilson Sonsini Goodrich & Rosati

FTC Requires Divestitures in Petroleum Terminal and Storage Acquisition

The Federal Trade Commission (FTC) announced a consent agreement requiring divestitures as a condition of Buckeye Partners, L.P.'s (Buckeye's) $435 million acquisition of 26 petroleum terminals from Magellan Midstream...more

Holland & Knight LLP

Venezuela Update: August 18, 2021 (Spanish)

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Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. ...more

Holland & Knight LLP

Venezuela Update: August 18, 2021

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Holland & Knight's Venezuela Focus Team invites you to read our Venezuela Update, in which we discuss the latest news, trends and developments in Venezuela that impact the interests of businesses across all industry sectors. ...more

Lighthouse

Biden Administration Executive Order on Promoting Competition: What Does it Mean and How to Prepare

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On July 9, 2021, President Biden signed a sweeping new Executive Order (“the Order”) with the stated goal of increasing competition in American markets. Like the recently issued Executive Order on Improving the Nation’s...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

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On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Cozen O'Connor

Battle Over USPS | Removal Of Trustees For Alleged Self-Dealing | Lenders vs. State Interest Rate Laws

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Antitrust- Energy Company Agrees to Divest Gas Stations to Avoid FTC’s Antitrust Concerns- The Federal Trade Commission (“FTC”) reached an agreement with energy company Tri Star Energy LLC after determining that its...more

Seyfarth Shaw LLP

Not so Pretty: Cosmetic Company Acquisitions Lead to Contentious Trade Secret Spat

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At the end of 2019, Coty Inc. (“Coty”) expanded its brand portfolio by closing a notable $600 million deal for a majority stake in reality star Kylie Jenner’s young cosmetics company, King Kylie LLC (d/b/a Kylie Cosmetics)....more

Benesch

Benesch DSO Industry Report - Q4 2019

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Benesch Secures Summary Judgment Win Dismissing Case for SmileDirectClub - In a precedent-setting win for teledentistry pioneer SmileDirectClub and New Jersey consumers, the Superior Court of New Jersey rejected an...more

Foster Garvey PC

OTA & Travel Distribution Update: Sabre's previously announced acquisition runs into regulatory trouble; enforceability of...

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This week’s Update features a number of stories on important developments in the EU. Enjoy....more

Robinson+Cole Data Privacy + Security Insider

Big Data and Antitrust: Rethinking Competition Law in the Data Economy

As we approach calendar year end, traditionally the busiest period of the year for mergers and acquisitions, it is worth revisiting whether our existing competition law framework can and does properly assess the market power...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

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The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

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