On April 23, 2024, the U.S. Federal Trade Commission promulgated a final rule banning non-compete clauses in contracts with employees and other workers (the Rule).
Competition Corner
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California’s Plan to Criminally Prosecute Cartwright Act Violations Yet Another Sign of Increasing State Antitrust Enforcement
AAG Blizzard’s announcement marks the latest in a trend of increasing focus and scrutiny from state-level antitrust enforcement agencies. This change suggests that many states are standing ready to address antitrust enforcement if federal enforcement, which has been reinvigorated under the Biden administration, is weakened.
Early Assessment of the Digital Markets Act
Less than three weeks after the European Union’s (EU) Digital Markets Act (DMA) took effect on March 7, 2024, the European Commission announced on March 25, 2024 that it is opening investigations into Apple, Google, and Meta for suspected noncompliance with its new directives.
U.S. Antitrust Agencies Continue to Target Private Equity Involvement in Healthcare
In the latest step in the U.S. antitrust agencies’ heightened enforcement against private equity, the Federal Trade Commission held a Workshop on Private Equity in Health Care yesterday with the U.S. Department of Justice and Department of Health and Human Services.
FTC Chair Khan Emphasizes Vigilance in Antitrust Oversight of AI Industry
Chair Lina Khan of the Federal Trade Commission (FTC) recently addressed the FTC’s first Technology Summit on Artificial Intelligence. In her opening remarks, she expressed excitement about the event, highlighting the diverse expertise of the panelists and commending the efforts of the Office of Technology.
FTC Announces 2024 Revised Thresholds and Filing Fees for HSR Filings
The Federal Trade Commission (FTC) announced yesterday the increased Hart-Scott-Rodino (HSR) Act thresholds for 2024.
A Comeback for RPA Price Discrimination Camouflaged as Kickbacks
For nearly a year, the FTC has foreshadowed the revival of the previously dormant Robinson-Patman Act (RPA). With enforcement of the Act potentially forthcoming, companies need to be able to identify, address, and ideally avoid risks that may be embedded in complex supply chain relationships.
FTC and DOJ Issue Final Merger Guidelines, Formalize Shift in Enforcement Philosophy and Legal Theories
Almost exactly five months after the U.S. Federal Trade Commission and the Antitrust Division of the U.S. Department of Justice (the Agencies) released their draft merger guidelines, the FTC and DOJ issued the final 2023 Merger Guidelines.
Antitrust Enforcement in Action: Insights from the Regulators
Over the past six months, the FTC and DOJ have pushed a unified message regarding antitrust enforcement.
New DOJ Safe-Harbor Policy Incentivizes M&A Due Diligence on Government Contractors
In analyzing a government contractor target for a proposed acquisition—such as a merger, asset sale, or stock purchase—due diligence may uncover a seller’s noncompliance with certain Federal Acquisition Regulations or other applicable regulations.