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2 months ago | 
jdsupra.com | James Fredricks |Karen Hoffman Lent |Tara L. Reinhart
On January 16, 2025, the Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) (together, the Agencies) released the Antitrust Guidelines for Business Activities Affecting Workers (Guidelines), replacing their Antitrust Guidance for Human Resource Professionals (Oct. 2016) (HR Guidance).
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Jan 16, 2025 | 
jdsupra.com | Boris Bershteyn |Karen Hoffman Lent |Tara L. Reinhart
Key Points We expect the second Trump administration to take a relatively aggressive approach to antitrust enforcement, as regulators did during President-elect Trump’s first term, because there is bipartisan support for strong enforcement, particularly in areas such as prescription drugs and technology. But the merger review process is likely to become more predictable and focus again on consumer welfare factors.
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Jan 14, 2025 | 
today.westlaw.com | Boris Bershteyn |Karen M. Lent |Tara L. Reinhart |David P. Wales
(January 28, 2025) - Boris Bershteyn, Karen Lent, Tara Reinhart and David Wales of Skadden, Arps, Slate, Meagher & Flom LLP discuss the future of antitrust enforcement under the second Trump administration.
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Sep 26, 2024 | 
jdsupra.com | Joseph M. Rancour |Tara L. Reinhart |Connor A. Riser
Key Points The Northern District of Texas decision prevented the FTC’s final rule banning noncompetes from taking effect on September 4, 2024, as planned. Employers should expect the decision to be appealed to the Fifth Circuit and should be aware of similar challenges in other circuits. For now, noncompetes may be treated the same as they were before the final rule was issued.
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Sep 25, 2024 | 
lexology.com | Joseph M. Rancour |Tara L. Reinhart |David Schwartz |Connor A. Riser
Key PointsThe Northern District of Texas decision prevented the FTC’s final rule banning noncompetes from taking effect on September 4, 2024, as planned. Employers should expect the decision to be appealed to the Fifth Circuit and should be aware of similar challenges in other circuits. For now, noncompetes may be treated the same as they were before the final rule was issued. However, employers should remain mindful of state laws and the potential for FTC case-by-case enforcement actions.
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Aug 26, 2024 | 
jdsupra.com | Joseph M. Rancour |Tara L. Reinhart |Parker Rider-Longmaid
On August 20, 2024, in Ryan LLC v. Federal Trade Commission, a district court in the Northern District of Texas held “unlawful and set[] aside” the Federal Trade Commission’s (FTC) Non-Compete Rule, 16 C.F.R. § 910.1–.6. That rule, which was scheduled to take effect on September 4, 2024, would have broadly banned virtually all noncompete clauses between employers and workers in the United States.
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Jun 27, 2024 | 
jdsupra.com | Annie Jeffers |Joseph M. Rancour |Tara L. Reinhart
Key Points The FTC’s ban on worker noncompetes is broad, but it allows a few key exceptions, including current noncompetes with “senior executives” and those relating to sales of businesses. And certain entities, including true nonprofits, banks and common carriers are exempt from the rule. The rule is set to go into effect on September 4, 2024, but multiple legal challenges have been filed, and decisions are expected in July 2024 that may delay or prevent implementation.
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Jun 25, 2024 | 
lexology.com | Joseph M. Rancour |Tara L. Reinhart |David Schwartz |Annie Jeffers
Key PointsThe FTC’s ban on worker noncompetes is broad, but it allows a few key exceptions, including current noncompetes with “senior executives” and those relating to sales of businesses. And certain entities, including true nonprofits, banks and common carriers are exempt from the rule. The rule is set to go into effect on September 4, 2024, but multiple legal challenges have been filed, and decisions are expected in July 2024 that may delay or prevent implementation.
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Jun 3, 2024 | 
jdsupra.com | Yang Guo |Joseph M. Rancour |Tara L. Reinhart
On May 23, 2024, the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) jointly announced a request for members of the public to provide information that the agencies can use “to identify serial acquisitions and roll-up strategies throughout the economy that have led to consolidation that has harmed competition” (the RFI).
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Mar 12, 2024 | 
jdsupra.com | Tara L. Reinhart
