News & Analysis as of

Department of Justice (DOJ) Non-Compete Agreements Antitrust Violations

McGuireWoods LLP

New Administration Antitrust Push: DOJ, FTC to Identify Anticompetitive Government Regulations and Labor-Related Practices

McGuireWoods LLP on

In recent weeks, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission (FTC) launched task forces that target potential barriers to competition created by government regulators and private-sector...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

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

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”

Saul Ewing LLP on

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

Paul Hastings LLP

DOJ Antitrust Division Continues Focus on Conduct in Labor Markets

Paul Hastings LLP on

The Department of Justice (DOJ) Antitrust Division (Division), together with the Department of Labor (DOL) and the Federal Trade Commission (FTC), recently issued two new sources of guidance continuing the increased focus on...more

BakerHostetler

Department of Justice and Federal Trade Commission Release Guidelines on Business Practices That Impact Workers

BakerHostetler on

On January 16, 2025, in the waning hours of the Biden-Harris administration, the Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly released their “Antitrust Guidelines for Business Activities Affecting...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

Jones Day

DOJ and FTC Issue New Antitrust Guidelines for Business Activities Affecting Workers

Jones Day on

During their last week in office, and over the vigorous dissent of Republican FTC commissioners, Biden administration antitrust officials unveil new guidelines intended to replace the 2016 Antitrust Guidance for Human...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

Morrison & Foerster LLP

Full Steam Ahead for Cartel Enforcement in 2024

As anticipated, cartel enforcement is ramping up at the start of 2024 and investigations relating to artificial intelligence (AI) are taking center stage. Leadership of both the broader Department of Justice (DOJ) and the...more

Troutman Pepper Locke

California DOJ to Ramp Up Criminal Antitrust Enforcement

Troutman Pepper Locke on

On March 6, the California Department of Justice’s (California DOJ) Antitrust Chief Paula Blizzard, announced at the American Bar Association’s National Institute on White Collar Crime that her office is planning to...more

Jenner & Block

Client Alert: Acquittal of Aerospace Employees Marks the Department of Justice’s Fourth, and Most Damaging, Criminal No-Poach Loss

Jenner & Block on

United States District Court Acquits all Defendants in US v. Patel - On April 28, 2023, the United States District Court for the District of Connecticut acquitted the defendants in US v. Patel of the charges of conspiring...more

Goodwin

Antitrust and Competition Healthcare Quarterly Update Q4 2022

Goodwin on

The Impact of the FTC’s Proposed Sweeping Ban on Non-Competes - On January 5, 2023, the United States Federal Trade Commission (FTC) proposed a new rule (the Proposed Rule) that would define an employer’s use of...more

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Polsinelli

DOJ’s Increased Focus on Antitrust Calls into Question Noncompetition Agreements

Polsinelli on

The Department of Justice (DOJ) and federal government continue to aggressively pursue antitrust violations and promote the federal government’s interest in heavily limiting the use of non-competition agreements.  While the...more

Health Care Compliance Association (HCCA)

The Latest on Antitrust Compliance

Antitrust is a long-time risk area for compliance teams to manage, but its longevity does not mean it is not evolving. New issues arise as times and Administrations in Washington change. Nathan Mendelsohn, Associate in the...more

Benesch

Just like 2021, the DOJ and FTC will remain active in the Restrictive Covenant Space

Benesch on

2021 saw significant activity by both the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) in 2021. The DOJ, for example, finally followed through on its 2016 warning/threat to investigate and potentially...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

Jackson Walker

New Biden Executive Order Places Increased Focus on Noncompete Agreements and Antitrust Enforcement

Jackson Walker on

On July 9, 2021, as part of an executive order announced to promote competition and increase wages for workers, President Biden directed the Federal Trade Commission to consider two key areas affecting employers: first, “to...more

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