On August 5, 2024, District Judge Amit P. Mehta (U.S. District Court, District of Columbia) ruled in United States v. Google LLC that Google violated §2 of the Sherman Act by monopolizing the internet search engine market. While the decision is sure to be one of the biggest this year, the court’s decision on spoliation
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The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next
On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust and consumer protection enforcement. President Joe Biden announced the formation of the Strike Force in March, promising to “crack down on…
Courts Split on FTC’s Authority to Issue Noncompete Rule
July was a busy month for courts analyzing the FTC’s rulemaking authority. In April, the FTC published its final rule banning most employment-based noncompetition agreements (the Noncompete Rule). Immediately after the FTC published the rule, several parties filed suit seeking an injunction to block the implementation of the Noncompete Rule. July saw decisions from cases…
DOJ Still Contemplating Criminal No-Poach Cases
Last year, we reported on the Department of Justice’s (DOJ) decision to dismiss its only remaining criminal no-poach case and regroup. We advised that the DOJ was unlikely to abandon criminal no-poach cases entirely and would instead look for a case with favorable facts—in other words, a slam dunk. This month, our prediction was confirmed…
No Offseason for the NCAA
As students depart their college campuses for summer break, the NCAA has no such reprieve on the horizon. Over the past few weeks, the NCAA has settled questions pertaining to backpay for Name, Image, and Likeness (NIL) use as well as transfer eligibility. While these announcements signal victory for some, they also raise more questions…
Live Update #3 – ABA Antitrust Spring Meeting, Washington, D.C.
Live Updates – ABA Antitrust Spring Meeting, Washington, D.C.
The members of BakerHostetler’s Antitrust and Competition Team are pleased to present these brief updates from the conference sessions at this week’s ABA Antitrust Spring Meeting in Washington, D.C.
Session on “Do Non-Competes Cause More Harm Than Good?”
The panel vigorously debated the merits of the FTC’s proposed rule banning non-compete agreements between employers and…
Ronald Gaither Speaks on NIL After Alston at 2024 ABA Antitrust Spring Meeting
Partner Ronald Gaither will speak on “NIL After Alston: Wild West?” during the ABA Antitrust Spring Meeting in Washington, D.C., April 10-12, 2024. The session will explore how college athletes, universities and conferences are navigating the antitrust implications of group licensing, transfers and recruiting in the NIL era. Julian D. Perlman is Vice Chair of the…
Administration Launches Antitrust-Focused Strike Force
On March 5, President Joe Biden launched the Strike Force on Unfair and Illegal Pricing (Strike Force) for the purpose of implementing policies in his July 9, 2021 Executive Order on Promoting Competition in the American Economy.[1] The Strike Force is co-chaired by the Department of Justice (DOJ) and Federal Trade Commission, with the…
DOJ Takes a Cue from ‘Catch Me If You Can’ with Price-Fixing Plea Agreement
The 2002 blockbuster film “Catch Me If You Can” chronicles the exploits of notorious check-writing fraudster Frank Abagnale Jr., his narrow escapes from capture, and his eventual apprehension abroad by American law enforcement. At the film’s conclusion, the FBI offers Frank an intriguing form of clemency: come work for us. Frank accepts, assisting the FBI…