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4.24.24
FTC Issues Sweeping Non-Compete Ban
On April 23, 2024, the FTC (Federal Trade Commission) voted 3-to-2 along party lines to approve a final rule (Rule) that prevents all for-profit employers nationwide from using non-compete agreements for any worker (whether an employee, independent contractor, or other), regardless of whether they are designed to protect legitimate business interests of employers. The Rule declares that it is an unfair method of competition—and therefore a violation of section 5 of the FTC Act—for businesses to impose non-compete restrictions (non-competes) on workers on or after the Rule’s effective date.
Newsletters
3.05.24
2023 Antitrust Year in Review
Wilson Sonsini Goodrich & Rosati is pleased to present its 2023 Antitrust Year in Review, which provides an overview of the significant developments in antitrust law, policy, and enforcement over the past year. This report highlights the most critical global developments in antitrust law, policy, enforcement, and litigation over the past year, with an emphasis on those that will have a lasting impact in the years ahead.
Over the past several years, antitrust issues have come to the fore in public discourse, and that focus has been reflected in significant changes in antitrust law and policy and in more wide-ranging and aggressive enforcement activity. This year’s report provides updates in mergers and acquisitions, civil non-merger enforcement, private litigation, and cartels and criminal enforcement.
Newsletters
1.25.23
2022 Antitrust Year in Review
We are proud to share the 2022 Antitrust Year in Review, which discusses significant developments in antitrust law, policy, and enforcement over the past year. First, the report spotlights recent outcomes in court for U.S. agency enforcement litigation and discusses major changes in the law that create substantial new antitrust obligations, as well as updated policy and enforcement guidelines. Then, the merger enforcement section describes significant merger control activity by enforcers in the U.S., EU, and UK, and the civil conduct enforcement section outlines enforcer activity in investigating and challenging non-merger conduct. Finally, the report provides an update on global cartel enforcement policy and activity, and concludes with a survey of significant private antitrust litigation in the United States and UK.
Alerts
11.21.22
U.S. Legislators and State Attorneys General Raise Antitrust Concerns Regarding ESG Collaborations
Over the past year, U.S. legislators and state attorneys general (AGs) have raised concerns that collaborations among firms to achieve environmental, social, and governance (ESG) goals are violations of the antitrust laws. As a result, ESG collaborations may face oversight hearings in the U.S. House of Representatives and additional investigations from state AGs. Accordingly, companies should ensure any ESG collaborations they undertake anticipate possible antitrust issues in the United States. By contrast, the European Union is shifting towards a more flexible approach for ESG collaborations.
Alerts
11.14.22
FTC Reinterprets FTC Act to Include Broad Powers Related to “Interlocking Directorates”
In what might be a further expansion of antitrust enforcement of interlocking directorates, the Federal Trade Commission (FTC) issued a policy statement announcing that it now interprets Section 5 of the FTC Act to grant it authority to take enforcement action against interlocking directorates or officers of competing firms that do not fall within the “literal language of the Clayton Act.”1
Alerts
10.24.22
Seven Directors Resign from Five Public Company Boards
Last month, we reported that the U.S. Department of Justice (DOJ) had threatened multiple public companies, private equity investors, and individuals with lawsuits for violating the ban on interlocking directorates under Section 8 of the Clayton Act. Section 8 prohibits the same firm or individual from sitting on the boards of competing companies. The DOJ based its claim of alleged violations on information that it gleaned from SEC filings, earnings calls, and other public sources.
Alerts
9.22.22
DOJ Launches Enforcement Initiative Against “Interlocking Directorates”
In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring lawsuits against them for maintaining “interlocking directorates” in violation of Section 8 of the Clayton Antitrust Act (15 U.S.C. § 19).
Alerts
8.01.22
Antitrust Hits the Metaverse: FTC Sues to Block Meta Platforms, Inc. from Acquiring a VR Fitness App
Wilson Sonsini provides extensive and cutting-edge legal services for innovators, technology pioneers, and disruptors. As part of our focus on emerging technologies, our attorneys are publishing a series on applying and adapting existing law in the Metaverse throughout 2022. This is the fifth item in our Metaverse series. Past alerts and advisories include Antitrust: Into the Metaverse, Privacy in the Metaverse, Headed to the Metaverse? Be "The One" to Minimize Money Laundering Risk, and Will Section 230 and DMCA Translate to the Metaverse?
Alerts
7.21.22
FTC and NLRB Join Forces to Enforce Antitrust Laws in U.S. Labor Markets
On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced they were joining forces to “bolster the FTC's efforts to protect workers by promoting competitive U.S. labor markets and putting an end to unfair practices that harm workers.“1 A memorandum of understanding (MOU) reached between the two agencies outlines the ways they will work together going forward on labor issues. The new effort is just the latest example of the U.S. antitrust agencies' aggressive agenda to police antitrust violations in labor markets.
Alerts
5.16.22
EU Commission Adopts New Vertical Rules, Removing Some Uncertainties from Dual and Online Distribution
On May 10, 2022, the European Commission (EC) adopted new regulations, updating the Vertical Block Exemption Regulation (VBER) and the EC's Vertical Guidelines (VGL) to make them "fit for an even more digitalized decade ahead."1 The updated regulations will cover broadly all vertical agreements (i.e., agreements between companies at different levels of the supply chain) including distribution agreements for anyone selling goods or services to EU customers through resellers or other intermediaries.
Newsletters
2.10.22
2021 Antitrust Year in Review
Wilson Sonsini Goodrich & Rosati is pleased to present its 2021 Antitrust Year in Review. This report summarizes the most significant antitrust matters and developments of the past year. We examine policies and enforcement activity by U.S. and global antitrust agencies and enforcers across a range of merger review, civil conduct, and criminal enforcement matters as well as antitrust litigation filed by private plaintiffs.