In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one state attorneys general and the U.S. Department of Justice Antitrust Division filed amicus briefs in Giordano et al. v. Saks & Co.
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Another Setback for the FTC in Microsoft and Activision Blizzard Proposed Merger
This past Tuesday, July 11, a federal judge ruled against the Federal Trade Commission’s (FTC) request to the District Court of Northern California to issue a preliminary injunction against Microsoft’s proposed $69 billion acquisition of Activision Blizzard. The FTC filed a brief notice the next day indicating that it intended to appeal that decision to…
FTC Proposes Sweeping Changes to HSR Reporting Requirements
On June 27, the Federal Trade Commission issued a press release announcing proposed changes to reporting requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR). The proposed changes will substantially increase the information that must be gathered and reported in connection with an HSR filing. These changes, if adopted, would multiply the…
Antitrust Implications Loom Large in PGA Tour-LIV Golf Merger
By Alyse Stach
By Alyse F. Stach[1]
In August, we wrote about whether antitrust liability might be in the PGA Tour’s future through a reported DOJ Antitrust Division investigation about the PGA Tour’s actions relating to LIV Golf and about PGA Tour bylaws governing players’ participation in other golf events. Now, the same speculation exists around the…
Criminal No-Poach Update: DOJ Seeks to Contain Fallout from Judgment of Acquittal
The Department of Justice (DOJ) continues to pursue no-poach agreements as criminal conduct despite yet another recent defeat, this time in United States v. Patel. In Patel, the DOJ alleged that employees of an aerospace company and outsourcing competitors conspired to restrict the hiring and recruiting of aerospace engineers and other employees in violation of…
Report from the 2023 ABA Antitrust Section Annual Conference – UK, EU, and Canadian developments
The recent annual ABA Antitrust Spring Meeting in Washington, D.C., once again brought together enforcers and counsel from around the world to discuss the hottest topics in global antitrust enforcement. We provide some of the key updates from enforcers and practitioners in the UK, Canada, and the EU. …
Are Hospital Acquisitions with COPA Authorization Exempt from HSR Pre-Merger Notification?
The Federal Trade Commission (FTC or the Commission) has experienced multiple recent setbacks with respect to its regulatory authority. Now a new dispute raises questions about whether hospital acquisitions with Certificate of Public Advantage (“COPA”) authorization are exempt from Hart-Scott-Rodino Act pre-merger notification.
Recent FTC Setbacks
In AMG Capital Management v. FTC, the U.S.…
Report from the 2023 ABA Antitrust Section Annual Conference – Criminal Updates and Developments
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers gave updates on new policy initiatives and continued areas of focus that companies should be mindful of in their practices and in evaluating the effectiveness…
A Familiar Refrain: Judges Remind Lawyers and Their Experts of the Importance of Explaining Antitrust Cases in a Way Laypeople Can Understand
Key Takeaways:
- At the ABA Antitrust Spring Meeting’s “Views from the Bench” panel discussion, Judges Richard F. Boulware of the District of Nevada, Denise L. Cote of the Southern District of New York, Paul L. Friedman of the District of Columbia and Yvonne Gonzalez Rogers of the Northern District of California repeated a common desire:
…
Dan Foix, Carl Hittinger and Tyson Herrold Author Article on Efforts to Renew Enforcement of Largely Dormant Act
Partners Dan Foix and Carl Hittinger and Counsel Tyson Herrold authored a Feb. 27, 2023, article for Westlaw Today titled “The FTC considers reviving Robinson-Patman enforcement.”
The authors write that the Federal Trade Commission, which has not attempted to enforce Robinson-Patman in decades,“will look for what it views as a clear violation that it can use to…