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New Guidance Anti-Competitive

Cooley LLP

Shifting Sands – Recent Developments in UK Merger Control

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The UK’s Competition and Markets Authority (CMA) is taking significant steps to update its approach to merger control following both the coming into force of the Digital Markets, Competition and Consumers (DMCC) Act on 1...more

Epiq

Webinar Takeaways: Managing Antitrust Risk When Using Artificial Intelligence — a US Perspective

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Artificial Intelligence (AI) can help corporations create operational efficiencies, enhance customer experiences, optimize business strategies, significantly reduce costs, and increase profitability. However, using AI tools...more

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

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Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Morrison & Foerster LLP

DOJ and FTC Finalize New Merger Guidelines – What You Need to Know

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On December 18—nearly two years after announcing plans to revise the Merger Guidelines—the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (together, “the Agencies”) issued a final version of their new...more

King & Spalding

FTC and DOJ Issue New Merger Guidelines

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On December 18, 2023, the U.S. antitrust enforcers, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) (collectively, the “Agencies”), issued their final Merger Guidelines...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust and Sustainability: EU, UK and US Take Divergent Enforcement Approaches

On October 12, 2023, the UK’s Competition and Markets Authority (CMA) issued its final Green Agreements Guidance (Guidance). The Guidance is designed to help businesses seeking to collaborate on environmental sustainability...more

Latham & Watkins LLP

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

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Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Holland & Knight LLP

Offering of Warranties in Colombia: A Guide by the Superintendence of Industry and Commerce

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The Superintendence of Industry and Commerce (SIC), the national authority in charge of protecting and guaranteeing free and fair economic competition in Colombia, issued this current year the Offering of Warranties Guide...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

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On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...more

Ballard Spahr LLP

FTC’s New Section 5 Policy Statement Signals Significant Expansion of the Agency’s Enforcement Authority

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Summary - The FTC last week signaled an expansion of its enforcement ability under Section 5 of the FTC Act. Section 5 prohibits “unfair methods of competition in or affecting commerce.” ...more

Stinson LLP

FTC Announces Expanded Enforcement Authority

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Late last week, the Federal Trade Commission (FTC) issued formal guidance regarding the scope of its enforcement authority under Section 5 of the FTC Act. This guidance previews a material expansion of the FTC’s enforcement...more

Jones Day

Updated EU Antitrust Rules on Vertical Supply Chain Agreements Take Effect June 1

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Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain. EU antitrust law prohibits certain...more

Perkins Coie

Antitrust Enforcers Soliciting Input From Market Participants to Modernize Merger Guidelines

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On January 18, 2022, the U.S. Federal Trade Commission (FTC) and the U.S. Department of Justice’s (DOJ) Antitrust Division (the agencies) launched a joint public inquiry to modernize and strengthen merger enforcement. In...more

Foley & Lardner LLP

Of Tuna Price-Fixing Conspiracies, Econometric Regressions, and the Ninth Circuit’s Latest Guidance on Class Certification

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Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

King & Spalding

DOJ and FTC Issue Final Vertical Merger Review Guidelines

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On Tuesday, June 30, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new Vertical Merger Guidelines (the “Guidelines”). Vertical mergers involve the combination of firms operating at...more

Robinson+Cole Health Law Diagnosis

DOJ and FTC Announce Draft Vertical Merger Guidelines

On January 10, 2020, The Department of Justice (DOJ) and Federal Trade Commission (FTC) announced new draft vertical merger guidelines for public comment. The draft guidelines (once finalized) will replace the DOJ’s 1984...more

Perkins Coie

US DOJ and FTC Propose Vertical Merger Guidelines

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The U.S. Department of Justice and U.S. Federal Trade Commission published proposed vertical merger guidelines (vertical guidelines) on January 10, 2020. These are designed to increase the transparency of the agencies'...more

King & Spalding

DOJ and FTC Release New Vertical Merger Review Guidelines for Public Comment

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On Friday, January 10, the Department of Justice’s Antitrust Division and the Federal Trade Commission issued new guidelines for the agencies’ review of vertical mergers. Vertical mergers involve the combination of firms...more

Hogan Lovells

Belgian Competition Authority adopts guidelines on exchanges of information in the context of trade associations

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On 1 October 2019, the Belgian Competition Authority (BCA) adopted a new set of guidelines relating to exchanges of information in the context of trade associations. Following the lack of clarity highlighted by some market...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - July 2019

Below, we summarize significant cartel enforcement developments from U.S. and other antitrust enforcers in recent months, including the significant change to longstanding policy by the Department of Justice (DOJ) Antitrust...more

Jones Day

EU Court Provides New Guidance on Price Discrimination

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The Situation: The Court of Justice of the European Union ("CJEU") has provided guidance in assessing the validity of discriminatory pricing practices under EU competition law. The Result: The CJEU followed its recent...more

Mintz - Employment Viewpoints

DOJ Targets No-Poach Agreements Among Competitors

On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more

Foley & Lardner LLP

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

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In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more

Jones Day

Chinese Competition Authority Imposes Fines for Price-Fixing Involving Industry Associations

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In Short - The Situation: In early September, three local Chinese chemical manufacturers received penalty notices from China's National Development and Reform Commission ("NDRC") for attending an association conference,...more

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