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Antitrust Division Unfair Competition Federal Trade Commission (FTC)

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

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On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

Mogin Law LLP

A Safe Bet: FanDuel and DraftKings Are Stifling Competition

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Senators urge investigation of companies that share 80% of the online gambling market. In the lead-up to Super Bowl LIX fans were busily restocking their stores of face-paint, sharing recipes, and locking down their daily...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Foley & Lardner LLP

Federal Court Applies Antitrust Standard of Per Se Illegality to “Algorithmic Pricing” Case

Foley & Lardner LLP on

A federal district court in Seattle recently issued an important antitrust decision on “algorithmic pricing.” Algorithmic pricing refers to the practice in which companies use software to help set prices for their products or...more

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies

Mintz on

After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

Morgan Lewis

DOJ and FTC Issue Antitrust Employment Law Guidelines on Eve of New Administration

Morgan Lewis on

In the final days of the Biden administration and on the eve of significant agency turnover, the US Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued a new set of guidelines addressing...more

Holland & Knight LLP

DOJ, FTC Issue New Antitrust Guidelines on Business Practices Impacting Workers

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Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more

Morgan Lewis

2024 Antitrust & Competition Year in Review and Trends for 2025

Morgan Lewis on

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

Mintz - Antitrust Viewpoints

Senators Urge FTC, DOJ to Investigate AI Models That Copy Third-Party Content — AI: The Washington Report

On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws. ...more

Perkins Coie

Clear-Eyed Robinson-Patman Act Takeaways From Eye Drop Verdict

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Introduction A recent ruling condemning price discrimination for a popular eye drop brand is yet another reminder that companies cannot afford to ignore antitrust risk under the Robinson-Patman Act (RPA), a longstanding law...more

Hinch Newman LLP

FTC Chair Testifies Before House Subcommittee to Discuss Ongoing Work

Hinch Newman LLP on

On May 15, 2024, the Federal Trade Commission Chair Lina M. Khan appeared before the House Appropriations Subcommittee on Financial Services and General Government to discuss the agency’s FY 2025 budget request and ongoing...more

Proskauer - Minding Your Business

President Biden Announces New Price Fixing “Strike Force”: Government Continues Antitrust Crusade

Earlier this month, President Biden announced the formation of a “Strike Force on Unfair and Illegal Pricing.” This strike force will be an interagency group co-chaired by the FTC and DOJ. President Biden stated the group...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...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

Bradley Arant Boult Cummings LLP

DOJ’s Antitrust Division Withdraws Healthcare Antitrust Policy Statements

Calling them “outdated” and “overly permissive,” the Department of Justice’s Antitrust Division on February 3, 2023, announced the withdrawal of three long-standing antitrust policy statements related to enforcement in...more

Jackson Lewis P.C.

Against the Evidence: How the FTC Cast Aside the Input of Experts at Its Own Non-Compete Workshop

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The Federal Trade Commission (FTC) has proposed a paradigm-breaking rule that would ban essentially all non-compete agreements. If enacted, this rule would purport to override tens of millions of contracts in every sector of...more

Perkins Coie

DOJ Withdraws Healthcare Antitrust Policy Statements

Perkins Coie on

The U.S. Department of Justice (DOJ), Antitrust Division, recently withdrew three sets of guidelines that had been relied upon heavily by the healthcare industry: the 1993 Antitrust Enforcement Policy Statements Issued for...more

Perkins Coie

Will Taylor Swift’s Bad Blood With Ticketmaster Spur Antitrust Action?

Perkins Coie on

Taylor Swift fans seeking to score tickets to the superstar’s highly anticipated “Eras” tour were outraged when Ticketmaster could not handle what it dubbed “unprecedented” demand. In response, Taylor Swift bemoaned, “It’s...more

Womble Bond Dickinson

Federal Trade Commission Signals Dramatic Shift in Antitrust Enforcement

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On November 10, 2022 the Federal Trade Commission (“FTC”) released a Policy Statement that is nothing less than a seismic shift in antitrust precedent and practice. In the Statement, the Commission asserts that Section 5 of...more

Perkins Coie

Recent Large Government Settlements Reflect Unique Risks to Employers for Antitrust Violations

Perkins Coie on

Employers who share information with competitor employers about employee compensation, including wages and benefits, face greater risks of government investigations into violations of antitrust laws. The U.S. Department of...more

BakerHostetler

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

BakerHostetler on

Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big...more

Venable LLP

Ten Legislative and Policy Trends for Licensing Boards and Associations to Watch in 2022

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In state capitals across the country, a new year signals the start of a new legislative session. And this opens the door to new rules affecting state regulatory and occupational licensing boards and the practitioners they...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

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

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

McGuireWoods LLP

September Antitrust Bulletin

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On August 13, the Federal Trade Commission (FTC) issued the first policy statement on Section 5 of the FTC Act in the agency’s 100-year history in a bipartisan, 4-1 vote. The one-page policy statement outlined the broad...more

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