In May of 2023, Minnesota enacted a new law that broadly bans employee non-compete agreements with few exceptions and also limits the use of forum-selection and choice-of-law clauses in employment agreements.

Preparing Hart-Scott-Rodino antitrust filings requires coordination across multiple departments and advance preparation of standard information.

The Short(ish) Answer: An MFN requires Party A to offer Party B the best deal—or at least the same deal—that Party A offers to Party B's competitors.

Section 8 of the Clayton Act prohibits certain interlocking directorates between competing corporations.

The FTC's challenge of Altria Group's proposed minority investment in JUUL Labs, Inc. (JLI) in April 2020 generated attention in both the mainstream media and the competition law press.

You can buy and sell products or services in many different ways in a particular market.

Years ago when I was working in-house at General Motors, one of my bosses asked just what it was that I did at all those ABA Antitrust Section meetings I attended...

The first part of this article discussed the Dai v. SAS Inst. Inc case, where plaintiffs alleged the inference of a horizontal agreement by the group of Hotel Operators using IDeaS's software.

Do you feel paranoid? Maybe everyone really is conspiring against you? If they are competitors with each other—that is, if they have a horizontal relationship—they may even be...

Sometimes parties will enter a contract whereby one agrees to buy (or supply) all of its needs (or product) to the other.

In press statements, supporters called the measure a victory for "dignity and fairness" and proof that government can "deliver" where federal leaders cannot.

Most antitrust practitioners, even members of the general public, have a good intuitive sense of what Sherman Act Section 1 is aimed at. Whether you follow the common law's ancient...

Earlier in February 2023, the Court for the Northern District of California denied the FTC's preliminary injunction motion to prevent the closing of Meta Platforms Inc.'s acquisition...

In simple terms algorithmic pricing takes place when competitors make use of a software platform to share competitively sensitive information, which the pricing algorithm uses to recommend prices for all users.

Congress and the federal courts have—over time—created several exemptions or immunities to antitrust liability.

Have you ever considered the idea that your business would be much more profitable if you didn't have to compete so hard with that pesky competitor or group of competitors?

In February 2026, Paramount Global signed a $110 billion agreement to acquire Warner Bros. Discovery, setting the stage for one of the largest media combinations in recent memory.

Hard times for the Federal Trade Commission ("FTC") and Department of Justice ("DOJ"). In the last few weeks, the Biden Administration has suffered three significant antitrust loses.

On July 19, 2023, the FTC and DOJ Antitrust Division issued the draft of their long-anticipated Merger Guidelines. Like prior iterations, these Guidelines...

The FTC and DOJ's request for information on HSR premerger notification forms closed with 55 comments revealing a sharp divide between state enforcers seeking expanded reporting requirements and practitioners advocating for streamlined, cost-effective disclosures. Will the agencies restore the vacated 2025 form's burdensome requirements, or will they heed the merger bar's call to treat the 46-year-old form as the proper baseline?