Competition Corner
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October 11, 2024
|6 min read
On October 10, the U.S. Federal Trade Commission unanimously adopted final changes to the premerger notification form required by the Hart-Scott-Rodino (HSR) Act, effective 90 days after publication in the Federal Register, i.e., no earlier than January 8, 2025.
October 3, 2024
|5 min read
Banking Reform: An Increase In Scrutiny
On September 17, 2024, the DOJ’s Antitrust Division withdrew from its 1995 Bank Merger Guidelines and announced that, going forward, it will use the 2023 Merger Guidelines, along with a 2024 Banking Addendum, in evaluating the competitive impact of mergers and acquisitions in the banking industry. The DOJ’s announcement comes roughly three years after President Biden issued an executive order encouraging the DOJ to enhance the enforcement standards set forth in the previous Bank Merger Guidelines.
August 29, 2024
|2 min read
Gun-Jumping Charges Remind Dealmakers to Operate Independently Before Closing
In early August, the U.S. Department of Justice (DOJ) entered a consent decree with Legends Hospitality Parent Holdings, LLC (“Legends”) to resolve gun-jumping allegations that Legends improperly exerted operational control over ASM Global, Inc. (ASM) while its HSR filing for its acquisition of ASM remained pending. Although the DOJ allowed the transaction to close, Legends agreed to pay $3.5 million and be subject to seven years of DOJ oversight to resolve the allegations. This action by the DOJ provides a reminder to buyers and sellers of the need to continue operating independently after a deal is signed until closing even when the deal does not present significant antitrust concerns.
August 22, 2024
|3 min read
FTC Ban on Worker Noncompetes Is Blocked Nationwide
The Federal Trade Commission’s rule banning nearly all noncompete agreements with workers was blocked, nationwide, by a Texas federal court on August 20.
August 16, 2024
|2 min read
FTC and DOJ Host First Public Meeting of Pricing “Strike Force”
On July 31, 2024, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly hosted the first public meeting of the “Strike Force on Unfair and Illegal Pricing.” This initiative was launched by President Biden in March 2024 where he emphasized the readiness of the DOJ and FTC to enforce the law in response to “illegal pricing practices that are fraudulent or unfair or deceptive or anticompetitive.”
July 3, 2024
|7 min read
Texas Court Enjoins FTC’s Ban on Worker Non-Competes, But Only For the Plaintiffs
A federal district court in Texas granted a preliminary injunction staying enforcement of the Federal Trade Commission’s recently adopted rule banning nearly all non-competes with workers. The decision is strongly critical of the FTC rule and finds that the plaintiffs are substantially likely to succeed in their challenge to the non-compete ban on the basis that the rulemaking was beyond the FTC’s statutory authority and was arbitrary and capricious.
April 24, 2024
|3 min read
U.S. Antitrust Agencies Seek Tips on Anticompetitive Conduct in the Health Care Space
Health care companies and stakeholders should be prepared for an uptick in antitrust complaints and investigations in the short term, driven by the launch of HealthyCompetition.gov. Despite the anticipated short-term impact, the long-term impact remains uncertain and depends on the sustained engagement and use of the tipline by the public.
April 23, 2024
|9 min read
FTC Adopts Final Ban on Worker Non-Competes
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).
April 16, 2024
|6 min read
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.
March 25, 2024
|8 min read
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.
March 6, 2024
|4 min read
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.
February 6, 2024
|2 min read
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.
February 5, 2024
|3 min read
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.
January 19, 2024
|5 min read
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.
December 19, 2023
|4 min read
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.
December 15, 2023
|4 min read
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.
November 1, 2023
|3 min read
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.
October 27, 2023
|6 min read
Searching for Safe Harbor: Navigating Information Exchanges Moving Forward
On February 3, 2023, the Antitrust Division of the U.S. Department of Justice (DOJ) announced that it had withdrawn three policy statements that established certain enforcement “safety zones” or safe harbors for the exchange of competitively sensitive information and benchmarking exercises.
October 4, 2023
|1 min read
The Long Reach of China’s Anti-Monopoly Law
In a recent move with potential implications for foreign companies doing business with China-based individuals and entities, the Guangzhou Intellectual Property Court recently announced that it has accepted a case brought by a Chinese e-commerce company against Amazon Europe alleging a violation of China’s Anti-Monopoly Law.
October 2, 2023
|4 min read
Landmark Ruling Paves the Way for Streamlined Health Care Transactions
On September 27, 2023, a Louisiana federal court issued a landmark ruling addressing the intersection of the Hart-Scott-Rodino (HSR) Act and the Certificate of Public Advantage (COPA) regimes adopted by various states.