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Avoiding the Antitrust Pitfalls of No-Poach Agreements: Frequently Asked Questions and Answers

Posted  04/10/19
By J. Wyatt Fore
As federal antitrust enforcers have targeted so-called “no-poach” agreements in recent years, it has become increasingly important for employers in all industries to learn about the risks of entering into agreements that limit their competition for employees.  Here are the answers to some of the frequently asked questions about the exposure of such no-poach agreements to antitrust enforcement. We have prepared...

The Antitrust Week In Review

Posted  04/9/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Netflix looms large as theater owners assess industry future.  As movie theater owners converge on Las Vegas for their annual convention, one topic that keeps coming up is how they contend with a company that has resisted their traditional business model: Netflix Inc. The world’s most successful...

The Antitrust Week In Review

Posted  04/1/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Warren, Klobuchar Agree on Breaking Up Big Ag.  Democratic presidential contenders Elizabeth Warren and Amy Klobuchar expressed support Saturday for strengthening antitrust laws and enforcement to break up big agriculture monopolies. "You've got these giant corporations that are making bigger and bigger...

The Antitrust Week In Review

Posted  03/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. N.C.A.A. Appeals Latest Antitrust Ruling.  The N.C.A.A. said on Saturday that it was appealing a Federal District Court’s decision this month that barring athletes from being paid beyond a scholarship and related costs violated antitrust law. “We believe, and the Supreme Court has recognized, that...

The Antitrust Week In Review

Posted  03/11/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Trump’s impeachable antitrust power grab. In a Washington Post opinion piece, Constantine Cannon’s Harry Litman comments on a report by The New Yorker of President Trump’s role in the government’s suit to block the AT&T-Time Warner merger. As Litman notes, The New Yorker’s Jane Mayer has...

The Antitrust Week In Review

Posted  03/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice Department will not appeal AT&T, Time Warner merger after court loss.  AT&T Inc, emerged victorious on Tuesday over the Trump administration’s drawn-out attempts to block its $85.4 billion purchase of Time Warner as the U.S. Justice Department said it would not fight an appeals court...

Court of Appeals’ Decision Upholding AT&T/Time Warner Merger Signals Hurdles in Vertical Merger Enforcement

Posted  02/26/19
By Gary J. Malone
Vertical mergers among high-tech companies likely became a bit easier today as the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Justice Department’s effort to overturn the district court ruling that gave a green light to AT&T’s acquisition of Time Warner. As this blog noted, the imminent appellate decision was much anticipated for the signals it would give as to the direction of vertical merger...

The Antitrust Week In Review

Posted  02/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. EU's Vestager says not precluding Facebook case in future.  Facebook is not currently in EU regulators’ crosshairs but it may well be in future because of the crucial role played by data, Europe’s antitrust chief said on Tuesday. European Competition Commissioner Margrethe Vestager’s comments came...

Germany Launches Novel Antitrust Approach to Combat Competitive Effects of Big Data

Posted  02/21/19
By J. Wyatt Fore
In a decision with worldwide implications, the German Federal Cartel Office, the German competition authority, is taking the novel approach of using competition law to curtail Facebook’s use of its users’ personal data. In a decision announced on February 7, 2019, the Federal Cartel Office ruled that Facebook abused its dominance in the German market for social networks “based on the extent of collecting,...

DOJ Reaffirms Per Se Opposition to No-Poach Agreements in Statement of Interest in Class Action Lawsuit

Posted  02/20/19
By James J. Kovacs
The U.S. Department of Justice (“DOJ”) has once again exhibited its recent interest in policing so-called “no-poach” agreements with the filing of a statement of interest, under 28 U.S.C. § 517, in a private class action antitrust lawsuit. The statement of interest filed by the DOJ on February 9, 2019, in the case of In Re: Railway Industry Employee No-Poach Antitrust Litigation, MDL No. 2850 (W.D. Penn.),...
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