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Antitrust Violations › Corporate Counsel › Unfair Competition

Parker Poe Adams & Bernstein LLP

FTC Prioritizes Aggressive Labor Market Enforcement With Focus on Noncompetes, Raising Antitrust Implications

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The Federal Trade Commission (FTC) announced on September 4, 2025, that it had filed a complaint against one of the largest pet cremation businesses in the U.S., alleging that the company’s widespread use of noncompete...more

Cornerstone Research

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

Cornerstone Research on

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

White & Case LLP

Uncertainty Remains More Than One Year After the FTC Announces New “Unfair Methods of Competition” Policy

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On November 10, 2022, the Federal Trade Commission announced a significant change in how the FTC plans to enforce Section 5 of the FTC Act, which bans "unfair methods of competition in or affecting commerce." In doing so, the...more

Jones Day

Third Circuit Limits FTC’s Ability to Seek Monetary Relief for Past Conduct

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The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the alleged violation occurred in the past and the defendant was not...more

Perkins Coie

New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent Practices

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The Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014. The FTC alleges that the semiconductor manufacturer illegally maintained a...more

Bilzin Sumberg

Second Circuit Sides With AmEx, Reversing Lower Court Victory for DOJ

Bilzin Sumberg on

The United States Court of Appeals for the Second Circuit, a highly influential appellate court sitting in New York, on September 26 issued a unanimous ruling with major implications for antitrust and unfair competition laws,...more

Perkins Coie

FTC Complaint Counsels Caution When Settling Disputes With Competitors

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The Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act,...more

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