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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

Amundsen Davis LLC

Employee Non-Competes: Where We Stand Today

Amundsen Davis LLC on

A little less than a year ago, businesses were scrambling to get ready for the then-impending Federal Trade Commission’s (FTC) final rule that would have blocked nearly all non-compete agreements between employers and...more

Mayer Brown

Le Patourel v BT – What Can We Learn From the First Trial in a UK Antitrust Class Action?

Mayer Brown on

On 19 December 2024, the Competition Appeal Tribunal ("CAT") handed down its judgment in the first opt-out class action to proceed through to a full trial under the UK antitrust class action regime1. This stand-alone, opt-out...more

Hogan Lovells

China tightens the screws on online unfair competition: new Provisions effective on 1 September 2024

Hogan Lovells on

Following their publication on 6 May 2024 by the State Administration for Market Regulation (SAMR), China's new Interim Provisions on Anti-Unfair Competition on the Internet (in Chinese “网络反不正当竞争暂行规定”, the “Provisions”) will...more

Morrison & Foerster LLP

Potential Exceptions Under FTC’s Non-Compete Ban

On April 24, 2024, the U.S. Federal Trade Commission (FTC) promulgated its final rule prohibiting non-competes for most workers in the United States (the “Final Rule”). The Final Rule raises several issues, including...more

White & Case LLP

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

White & Case LLP on

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

Latham & Watkins LLP

China Proposes Updates on Commercial Bribery Provisions in AUCL

Latham & Watkins LLP on

China’s SAMR published a draft amendment to the Anti-Unfair Competition Law, which overhauls the commercial bribery provisions for giving, instructing, and accepting bribes. Key Points: In summary, the proposed commercial...more

Cranfill Sumner LLP

The Federal Trade Commission Announces Proposed Rule Eliminating Most Non-Compete Provisions in Employment Agreements

Cranfill Sumner LLP on

On January 5, 2023, the Federal Trade Commission announced a proposed rule eliminating most non-compete provisions in employment agreements.  The move by the FTC comes one day after the agency announced enforcement...more

A&O Shearman

The FTC Sets its Sights on Noncompete Agreements, Launches First Major Standalone Section 5 Claims

A&O Shearman on

Last week, the FTC announced two significant moves. First, the FTC brought its first major standalone Section 5 actions, targeting certain companies’ employment noncompete agreements as unfair methods of competition. The very...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

Wilson Sonsini Goodrich & Rosati

FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”

In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it...more

Orrick - Antitrust Watch

Merger Non-Compete Clauses – Be Lawful or Be Gone

Non-compete clauses are commonly included in M&A agreements. Although generally recognized as lawful, non-competes must fulfill certain requirements to comply with antitrust and competition laws. A recent FTC enforcement...more

Perkins Coie

FTC Complaint Counsels Caution When Settling Disputes With Competitors

Perkins Coie on

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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