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Jan 7, 2025 | 
jdsupra.com | Kara Kuritz |Evan Miller |Rami Rashmawi
On December 18, 2024, the Department of Justice (the “DOJ”) announced that Tencent Holdings Ltd. (“Tencent”) had removed two directors from the board of Epic Games, Inc. (“Epic”) and relinquished its right to unilaterally appoint directors to Epic’s board going forward.
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Oct 11, 2024 | 
jdsupra.com | Kara Kuritz |Evan Miller |Rami Rashmawi
On October 10, 2024, the Federal Trade Commission (the “FTC”), with the Department of Justice Antitrust Division’s concurrence, released a Final Rule containing the long-anticipated revisions to the Hart-Scott-Rodino Act Premerger Notification Form. The Final Rule marks the most significant update to the HSR form and rules and form since the inception of the HSR Act in 1976.
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Aug 8, 2024 | 
jdsupra.com | Kara Kuritz |Evan Miller |Rami Rashmawi
On August 5, 2024, the Department of Justice (“DOJ”) announced that it filed a civil complaint and proposed settlement with Legends Hospitality Parent Holdings LLC (“Legends”) for unlawful pre-merger coordination, commonly referred to as “gun jumping,” in violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”).
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Jul 8, 2024 | 
jdsupra.com | Rami Rashmawi |Hill Wellford |Rebecca Baker
As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers (“FTC Rule”). The FTC Rule is scheduled to take effect September 4, 2024. On July 3, 2024, in Ryan, LLC v.
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Jan 25, 2024 | 
jdsupra.com | Kara Kuritz |Evan Miller |Rami Rashmawi
The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the Clayton Act governing “interlocking directorates.” The new HSR thresholds will become effective for all transactions closing on or after the effective date, which is 30 days after publication in the Federal Register. The Section 8 changes took effect on January 10, 2024.
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Dec 20, 2023 | 
jdsupra.com | Kara Kuritz |Rami Rashmawi |Adam Thomas
On December 18, 2023, the Federal Trade Commission and U.S. Department of Justice (the “Agencies”) jointly released new Merger Guidelines (the “Guidelines”), setting forth the analytical framework the Agencies will use to review proposed mergers and acquisitions. The Guidelines combine and replace the existing 2010 Horizontal Merger Guidelines and 2020 Vertical Merger Guidelines in one document.
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Oct 13, 2023 | 
jdsupra.com | Haley Griffin |Brittany Harwood |Rami Rashmawi
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not? If you can quickly and quietly fix the problem, then you may be able to fully remediate the issue and avoid any negative publicity or government involvement. But if the government later finds out, there could be a lengthy and expensive investigation that likely will result in a public settlement and reputational harm.
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Oct 6, 2023 | 
jdsupra.com | Evan Miller |Rami Rashmawi |Darren Tucker
On September 18, 2023 the UK Competition and Markets Authority (“CMA”) published its initial report regarding competition and consumer protection issues implicated by artificial intelligence (“AI”) foundation models (the “CMA Report”). The CMA Report makes clear the UK agency’s intent to engage in proactive regulation of AI technology and vigorous enforcement at a time when legislators and competition regulators across the globe are heavily scrutinizing the effects of AI on the global economy.
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Sep 29, 2023 | 
jdsupra.com | Jason Powers |Rami Rashmawi |Travis Korman
On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law. The 172-page complaint alleges that Amazon illegally maintained monopolies in the markets for “online superstores” and “online marketplace services” through what the FTC terms “anti-discounting conduct” and by coercing online sellers to utilize Amazon’s fulfillment services.
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Sep 1, 2023 | 
jdsupra.com | Stephen Medlock |Alex Rant |Rami Rashmawi
In cases under Section 1 of the Sherman Act, the legality of an agreement that contains a “restraint” on competition (restriction of parties’ or third parties’ ability to compete) hinges on whether the agreement is assessed under the per se rule, which means automatic illegality, or the Rule of Reason, which requires a court to weigh the alleged anticompetitive effects of the agreement against its procompetitive benefits and business justifications.
