News & Analysis as of

Antitrust Violations Non-Compete Agreements Competition

Hughes Hubbard & Reed LLP

FTC Abandons Nationwide Noncompete Ban and Reverts to Targeted Enforcement

On Sept. 5, the Federal Trade Commission officially abandoned its appeal in the case that challenged the Biden administration’s rule banning most employee noncompete clauses nationwide....more

Stevens & Lee

FTC Ends Defense of Its Noncompete Ban and Announces Enforcement Initiatives

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As anticipated, a recently reconstituted Federal Trade Commission (FTC or Commission) announced on Friday that it would no longer defend its previously issued rule (Rule) banning most noncompete agreements. See our prior post...more

McGuireWoods LLP

FTC Shifts Enforcement Strategy on Noncompete Agreements

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The Federal Trade Commission signaled a shift in the agency’s enforcement strategy concerning employer-employee noncompete agreements with several announcements on Sept. 4 and 5, 2025. The FTC stated it will no longer defend...more

UB Greensfelder LLP

FTC Moves to Protect Workers from Anticompetitive Agreements by Issuing Action Against Gateway Services

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The Federal Trade Commission’s (FTC’s) non-compete rule may be effectively dead, but the agency’s focus on non-compete agreements is very much alive. In February, FTC Chairman Andrew Ferguson launched a Joint Labor Task Force...more

Ropes & Gray LLP

[Podcast] Navigating Non-Competes and Other Exclusivity Provisions in Collaboration & License Agreements and Other Strategic...

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On this Ropes & Gray podcast, licensing and collaboration partner Hannah England and antitrust partner Lisa Kaltenbrunner discuss how EU antitrust rules impact non-competes and other exclusivity provisions in collaboration...more

McCarter & English, LLP

Antitrust Suits in Sports Could Shift the Rules of the Games

Competition is the essence of sports. It fuels the players and the thrill of it entices fans to cheer for their favorite players, purchase memorabilia, and watch games. Outside of the games, however, players and coaches are...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

Baker Donelson

Stay Vigilant! Labor Antitrust and Enforcement Remain a Trump Administration Priority

Baker Donelson on

Newly appointed FTC Chairman, Andrew Ferguson, has made it clear that "the Trump-Vance FTC is going to be on the lookout for non-competes that violate the antitrust laws and we are going to do something about them." Following...more

Bradley Arant Boult Cummings LLP

New Chairman of the FTC: Can You Compete?

The Federal Trade Commission has a new chairman — Andrew Ferguson. Prior to becoming chairman, Ferguson was sworn in as an FTC commissioner in April 2024 under then-President Joe Biden. Ferguson’s designation as chairman may...more

Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

Troutman Pepper Locke

Cardiology Monopolization Case Confirms Antitrust Laws Protect Competition, Not Competitors

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Confirming the bedrock principle that the antitrust laws are designed to protect competition and not individual competitors, a federal court put an end to a legal turf war over the cardiology market in Laredo, TX on January...more

Pillsbury Winthrop Shaw Pittman LLP

New DOJ–FTC Antitrust Guidelines for Business Activities Affecting Workers: Key Changes and Practical Takeaways

While the original guidelines focused primarily on per se illegal wage-fixing and no-poach agreements, the 2025 Guidelines illustrate a significant expansion in enforcement, broadening scrutiny to compensation benchmarking,...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Skadden, Arps, Slate, Meagher & Flom LLP

The DOJ and FTC Release New Guidance for Business Activities Affecting Workers

On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines),...more

Saul Ewing LLP

Federal Trade Commission and U.S. Department of Justice Issue New “Antitrust Guidelines for Business Activities Affecting Workers”

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The Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) recently issued updated guidelines regarding antitrust issues implicated by certain kinds of agreements impacting employees and labor markets. The new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

FTC and DOJ Jointly Issue ‘Antitrust Guidelines for Business Activities Affecting Workers’ on Eve of Trump Administration

Less than a week before the inauguration of President Donald Trump, the Federal Trade Commission (FTC) and U.S. Department of Justice’s (DOJ) Antitrust Division jointly published guidelines on assessing whether 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

Cadwalader, Wickersham & Taft LLP

FTC & DOJ Substantially Revise Guidance on Application of Antitrust Laws to Activities Affecting Workers: Trump Administration...

Two working days before the inauguration of President Trump, the federal antitrust agencies have withdrawn the Antitrust Guidance for Human Resource Professionals (2016) (“Guidance Document”), and issued Antitrust Guidelines...more

Troutman Pepper Locke

FTC and DOJ Jointly Issue Antitrust Guidelines Related to Labor

Troutman Pepper Locke on

Practically on the eve of the inauguration, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ), jointly issued antitrust guidelines for business activities affecting workers. The FTC's...more

DLA Piper

Juntos - September 2024

DLA Piper on

Welcome to Juntos, our bulletin that explores antitrust and competition developments across US-Latin America. In this issue, we look at key headlines from throughout 2024....more

TransPerfect Legal

[Webinar] Trends in Antitrust Litigation - June 14th, 12:00 pm - 1:15 pm ET

TransPerfect Legal on

Join us for an engaging CLE program when our panel of antitrust experts will discuss the latest trends in antitrust litigation, regulation and enforcement. We’ll explore recent changes to competition regulation in the U.S.,...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

Mintz - Antitrust Viewpoints

Antitrust Agencies to Hold Virtual Public Workshop to Promote Competition in Labor Markets

The Federal Trade Commission (“FTC”) and the Department of Justice Antitrust Division (“DOJ”) just announced that they will host a virtual workshop on December 6 and 7, 2021, to discuss the agencies’ efforts to promote...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

Foley & Lardner LLP

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

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On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

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