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Unfair Competition Mergers Federal Trade Commission (FTC)

Cornerstone Research

Applying the Hypothetical Monopolist Test to Labor Markets: Lessons from FTC v. Kroger Co.

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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

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies [Updated on July 16, 2025]

Mintz on

After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

Mintz

I Heart FTC: Proposed New York Bill Would Continue Biden FTC’s Antitrust Vision and Policies

Mintz on

After the FTC issued a replacement of the 2016 Antitrust Guidance for Human Resource Professionals on January 16, 2025, Commissioner – now Chair – Andrew N. Ferguson, joined by Commissioner Melissa Holyoak, punctuated his...more

Stevens & Lee

FTC Settlement Proposes Consent Order to Monitor Private Equity Firm Welsh Carson’s Acquisitions Plans

Stevens & Lee on

We previously reported on the Federal Trade Commission’s (FTC) lawsuit against U.S. Anesthesia Partners (USAP) and the private equity firm Welsh, Carson, Anderson & Stowe (Welsh Carson). In the lawsuit, the FTC alleges that...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

A&O Shearman

FTC secures record USD5.68 million gun-jumping penalty

A&O Shearman on

On January 7, 2025, the U.S. Federal Trade Commission announced a record USD5.68m civil penalty to settle alleged pre-merger coordination in violation of the HSR Act. This settlement is the largest dollar penalty that has...more

McCarter & English, LLP

FTC Imposes Record $5.6M ‘Gun Jumping’ Fine

Crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) have agreed to pay a $5.6 million civil penalty to settle violations under Section 7A of the Clayton Act, as...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...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

Jones Day

FAQ About the FTC's Controversial New "Unfair Methods of Competition" Policy

Jones Day on

The Federal Trade Commission (“FTC”) released a new Policy Statement of its enforcement priorities for Section 5 of the FTC Act, which makes unlawful “unfair methods of competition.” Since the passage of the FTC Act in 1914,...more

A&O Shearman

The FTC Abandons (The Rule of) Reason

A&O Shearman on

On November 10, 2022, the Federal Trade Commission (FTC) issued a policy statement (the “Policy Statement”) radically expanding the FTC’s interpretation of prohibited “unfair methods of competition” under Section 5 of the FTC...more

Wilson Sonsini Goodrich & Rosati

FTC and NLRB Join Forces to Enforce Antitrust Laws in U.S. Labor Markets

On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced they were joining forces to “bolster the FTC's efforts to protect workers by promoting competitive U.S. labor...more

Venable LLP

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

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We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more

Epstein Becker & Green

Constitutionality of FTC’s Structure and Procedures Under SCOTUS Review

Both the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) have authority to enforce Section 7 of the Clayton Act by investigating and challenging mergers where the effect of such...more

Morrison & Foerster LLP

New FTC Policy Restricts Future Acquisitions for Some Merging Parties

Morrison & Foerster LLP on

On October 25, 2021, the Federal Trade Commission (FTC or Commission) adopted a new policy requiring merging parties that enter into settlements to resolve competition concerns to give the FTC veto power over future deals in...more

Lighthouse

Biden Administration Executive Order on Promoting Competition: What Does it Mean and How to Prepare

Lighthouse on

On July 9, 2021, President Biden signed a sweeping new Executive Order (“the Order”) with the stated goal of increasing competition in American markets. Like the recently issued Executive Order on Improving the Nation’s...more

Vinson & Elkins LLP

New FTC Chair Moves Quickly To Implement Progressive Agenda

Vinson & Elkins LLP on

On July 9, 2021, the Biden administration issued an “Executive Order on Promoting Competition in the American Economy” (“EO”) that seeks to “promote the interests of American workers, businesses, and consumers.”1 That same...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Perkins Coie

Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring Meeting

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The American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies. In the first article in a...more

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