August 05, 2024 | The Legal Intelligencer
District Courts Split on FTC's Authority to Issue Noncompete RuleThe decisions by the U.S. District Court for the Northern District of Texas and the U.S. District Court for the Eastern District of Pennsylvania were in direct conflict. The conflicting decisions created even more uncertainty regarding whether the FTC has the power to issue substantive rules preventing unfair methods of competition.
By Carl W. Hittinger and Michael E. Neminski
5 minute read
March 25, 2024 | The Legal Intelligencer
President Biden's New Strike Force on Unfair and Illegal PricingThe strike force's launch is to continue the efforts of the president's Competition Council, which was established "to work across agencies to provide a coordinated response to overconcentration, monopolization, and unfair competition in or directly affecting the American economy."
By Carl W. Hittinger and Ayanna Brown
5 minute read
March 04, 2024 | The Legal Intelligencer
Federal Appellate Court Narrows Scope of Per Se RuleAlthough the DOJ may still seek U.S. Supreme Court review of the Fourth Circuit's decision, if upheld the decision represents a significant restriction on the DOJ's prosecutions for alleged collusive conduct between parties when there is any type of vertical business relationship present.
By Carl W. Hittinger and Justin P. Murphy
7 minute read
November 28, 2023 | The Legal Intelligencer
Biden's Executive Order on AI: Antitrust Considerations RaisedIn the wide-ranging AI executive order, the White House provides a road map for its policy positions and administrative priorities with respect to the rapidly developing and expanding advent of artificial intelligence.
By Carl W. Hittinger and Jeffrey E. Liskov
5 minute read
September 29, 2023 | The Legal Intelligencer
DOJ and FTC Using New Weapons to Attack Antitrust ConductWhile the DOJ is continuing its aggressive prosecution of criminal cases, it is also now utilizing alternative methods to pursue alleged monopolistic conduct.
By Carl W. Hittinger and Michael Neminski
4 minute read
July 24, 2023 | The Legal Intelligencer
Third Circuit Upholds Sugar Merger Over DOJ's ObjectionIn Philadelphia, the U.S. Court of Appeals for the Third Circuit upheld a September 2022 ruling by U.S. District Judge Maryellen Noreika of the District of Delaware allowing Florida-based U.S. Sugar Corp. to buy financially troubled Imperial Sugar Co.
By Carl W. Hittinger and Alyse F. Stach
5 minute read
May 30, 2023 | The Legal Intelligencer
DOJ Continues Losing Streak in Misguided Push to Criminally Punish No-Poach ViolationsDespite the lopsided number of unfavorable outcomes to date, the DOJ has remained undeterred in its mission to criminally punish "naked" no-poach agreements.
By Carl W. Hittinger and Andrew J. Martin
7 minute read
March 24, 2023 | The Legal Intelligencer
DOJ to Scrutinize Personal Device, Corporate Chat Policies of Investigation TargetsCompanies would be wise to review their personal device and corporate chat preservation policies and ensure they have the ability to preserve such information in the event of a government investigation or civil antitrust litigation.
By Carl W. Hittinger and Alyse F. Stach
6 minute read
February 24, 2023 | The Legal Intelligencer
FTC Launches Office of Technology to Keep Pace With Evolving Digital EconomyIts creation and dramatic launch and mandate send an unmistakable signal: FTC scrutiny of technology firms and digital markets is a continuing reality, and the agency's attention to that industry sector in particular shows no signs of waning or abating.
By Carl. W. Hittinger and Matt Schock
6 minute read
January 20, 2023 | The Legal Intelligencer
FTC Seeks to Ban Noncompete Restrictions in Employment ContractsThe FTC's push to revolutionize the noncompete landscape and change long-established law concerning noncompetes could have serious consequences for Corporate America and workers.
By Carl W. Hittinger and Tyson Y. Herrold
7 minute read
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