News & Analysis as of August 3, 2025

Enforcement Actions

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Florida’s CHOICE Act Offers Employers Unprecedented Tools for Non-Compete + Garden Leave Agreements

Jackson Lewis P.C. on 5/28/2025

The Florida Legislature passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act on April 24, introducing the most sweeping changes to Florida’s restrictive covenant...more

A Review of Early Antitrust Enforcement Under Trump 2.0

Faegre Drinker Biddle & Reath LLP on 4/24/2025

In the months before the 2024 presidential election, we reported on the stated antitrust agendas of candidates Kamala Harris and Donald Trump. Now a few months into the second Trump administration, we review recent...more

Heard at the 2025 Antitrust Law Section Spring Meeting

McDermott Will & Emery on 4/8/2025

The American Bar Association Antitrust Law Section’s annual Spring Meeting took place from April 2 to 5 in Washington, DC. The Spring Meeting features updates from federal, state, and international antitrust enforcers and...more

FTC Launches Joint Task Force to Investigate and Prosecute Non-Compete Agreements, as FTC Chairman declares the GOP a “Workers’...

Seyfarth Shaw LLP on 3/10/2025

As Republicans regain control of the Federal Trade Commission (“FTC”) under the Trump-Vance Administration, employers that looked to maintain and enforce their non-compete agreements with employees may have found solace in...more

Antitrust in focus - April 2024

A&O Shearman on 7/1/2024

Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more

Full Steam Ahead for Cartel Enforcement in 2024

Morrison & Foerster LLP on 4/4/2024

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

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

White & Case LLP on 2/1/2024

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

M&A in 2022 and Trends for 2023

Morrison & Foerster LLP on 1/23/2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

FTC Proposes A Blanket Ban On Non-Compete Agreements

Steptoe & Johnson PLLC on 1/9/2023

On January 5, 2023, the Federal Trade Commission (FTC) published a proposed rule seeking to ban non-compete agreements with very limited exceptions. The FTC’s proposed rule is based upon the agency’s preliminary finding that...more

Four Takeaways From The FTC’s Unprecedented Crackdown On Noncompete Agreements

White & Case LLP on 1/9/2023

The Federal Trade Commission (FTC) kicked off 2023 by using Section 5 of the FTC Act to take legal action against three companies and two individuals, forcing them to drop noncompete provisions. This is the first time that...more

FTC Issues Proposed Rule Banning Non-Compete Agreements

Butler Snow LLP on 1/9/2023

On January 5, 2023, the Federal Trade Commission (“FTC”) voted 3-1 to propose a rule that, if adopted, will dramatically impact companies that use noncompete agreements to protect their business interests. Under the proposed...more

FTC Proposes Rule to Strike Noncompete Agreements Nationwide

Bradley Arant Boult Cummings LLP on 1/9/2023

On January 5, 2023, the Federal Trade Commission (FTC) announced a proposed new rule that would effectively prohibit employers from requiring employees to agree to noncompete clauses. The public is invited to submit comments...more

Client Alert: The FTC Proposes Ban on Non-Competes

Jenner & Block on 1/9/2023

The FTC Breaks its Silence Following Biden’s Executive Order - On January 5, 2023, the Federal Trade Commission (FTC) proposed a sweeping new rule which, if enacted in its draft form, would ban virtually all...more

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