09.17.24
Collusion among rivals has long been considered the “supreme evil of antitrust.” It is not surprising, therefore, that antitrust scrutiny was applied to one hospital’s decision to employ the Chief Executive Officer of its only competing hospital while the CEO still remained ...
07.30.24
In the second federal district court ruling to date on the Federal Trade Commission’s rule banning nearly all noncompete agreements, a Pennsylvania court upheld the FTC rule as a legitimate exercise of the FTC’s substantive rulemaking authority under the FTC Act.
07.02.24
With the demise of the doctrine of Chevron deference at the U.S. Supreme Court in the Loper Bright Enterprises case, the future of the Federal Trade Commission’s broad rule banning noncompete agreements nationwide is uncertain.
05.29.24
Now, more than ever, health care organizations are facing complex antitrust issues as their mergers/acquisitions, hiring, contracting and private funding are being scrutinized by the federal and state governments.
05.20.24
The U.S. Department of Justice’s (DOJ) Procurement Collusion Strike Force (PCSF) has struck again, this time with the help of a Title III wiretap.
05.14.24
As artificial intelligence (AI) continues to permeate the health care industry (and every other part of American life), the industry should be attentive to the risk of anticompetitive conduct arising from reliance on AI and cognizant of the watchful eyes of antitrust enforcers, including the ...
05.09.24
In the latest chapter of a long-running investigation by the U.S. Department of Justice (DOJ) Antitrust Division into real estate industry practices, the D.C. Circuit revived DOJ’s 2021 investigation of the National Association of Realtors (NAR) and strengthened the Division’s authority ...
04.24.24
On April 23, 2024, the Federal Trade Commission (FTC) voted to approve issuance of a Final Rule banning nearly all noncompete agreements nationwide.
02.06.24
On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging applications must be preserved in the same manner as traditional forms ...
02.01.24
In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets.