Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 OCTOBER 2012

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2012

Proskauer Rose LLP
Proskauer Rose LLP
Contributor
Proskauer Rose LLP

Proskauer Rose LLP

Firm Overview Proskauer is an elite global law firm with more than 900 lawyers across key financial...

View firm profile
Explore more from Proskauer Rose LLP

The exchange of wage-related information between two competitors may not be a per se violation of antitrust laws, according to a Federal court in Michigan.

United StatesAntitrust/Competition Law
Proskauer'S Antitrust Practice Group
Proskauer'S Antitrust Practice Group
Author LinkedIn connections

Exchange Of Employee Wage Information: What Is Permitted Under The Antitrust Laws?

The exchange of wage-related information between two competitors may not be a per se violation of antitrust laws, according to a Federal court in Michigan. The decision, from the U.S. District Court for the Eastern District of Michigan, Cason-Merenda v. Detroit Medical Center, et al ,1 follows two cases filed by the Department of Justice (DOJ) in 2010 that alleged firms conspiring to fix the terms of employment had committed per se violations of § 1 of the Sherman Act.2 The more recent case characterized the issue as a "very close question." An analysis of the decisions shed some light on how to avoid allowing employment related information exchanges cross the line into a violation of the Sherman Act under either the per se rule or the rule of reason.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Right To Repair Alert: Deere & Company Reaches Settlement With FTC, States

The Federal Trade Commission and five State Attorneys General have reached a landmark settlement with Deere & Company in a year-and-a-half antitrust litigation over the agricultural equipment manufacturer's restrictions on repair resources. The stipulated order, if approved, will require Deere to provide farmers and independent repair providers with the same repair tools and technical resources available to authorized dealers for a period of ten years.
United StatesAntitrust/Competition Law
Axinn LLP
Axinn LLP
Article

New York-Presbyterian Hospital Ruling Signals Widening Antitrust Exposure For Hospital Contracting Practices

A federal court ruling against New York Presbyterian Hospital validates DOJ theories that market power can be proven through supracompetitive pricing rather than market share alone, and that exclusionary conduct is not required for antitrust claims. This decision expands potential antitrust exposure for hospital systems employing restrictive contracting practices like all-products provisions, anti-tiering terms, and gag clauses...
United StatesAntitrust/Competition Law
Crowell & Moring LLP
Crowell & Moring LLP
Article

Life Sciences Antitrust Quarterly Update Q3 2026

This quarterly update examines key antitrust developments in life sciences during Q3 2026, including the FTC's investigation of Boston Scientific's $14.5 billion Penumbra acquisition, the DOJ's record $250 million HSR penalty against KKR, and European regulatory actions involving Sanofi and Align Technology. The analysis also explores the UK's pro-innovation approach to healthcare AI regulation and its implications for the medical device industry.
GlobalAntitrust/Competition Law
Goodwin Procter LLP
Goodwin Procter LLP
Article

SEC Advances “Responsible Retailization” Through A Potential Accredited Investor Exam And Potential Regulated Fund Reforms

On September 30, 2026, the Securities and Exchange Commission (SEC) issued two rule proposals and five notices aimed at expanding investors’ access to private markets. The package would add ways to qualify as an accredited investor, including passing a new exam administered by the Financial Industry Regulatory Authority (FINRA), broaden performance-based compensation and modernize regulated funds, including interval funds and business development companies (BDCs).
United StatesFinance and Banking
Proskauer Rose LLP
Proskauer Rose LLP
Article

CFTC Moves To Reinforce Federal Authority Over Event Contracts As New Jersey Seeks Supreme Court Review

The CFTC has proposed classifying event contracts as swaps while excluding traditional casino-style gambling products, directly responding to ongoing federal-state disputes over prediction markets and sports betting jurisdiction. These regulatory actions seek to clarify the agency's authority over event contracts amid conflicting appellate court decisions and pending Supreme Court review.
United StatesFinance and Banking
Proskauer Rose LLP
Proskauer Rose LLP
Article

DOL Pulls The Plug On Plan To Move FLSA Interpretations Out Of The CFR

The U.S. Department of Labor's Wage and Hour Division has withdrawn its controversial proposal to remove nine parts of longstanding Fair Labor Standards Act interpretive guidance from the Code of Federal Regulations. What does this reversal mean for employers who have relied on these decades-old interpretations, and how does the Supreme Court's Loper Bright decision reshape the legal weight of agency guidance going forward?
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
Article

New York Employers May Soon Face New Separation Agreement Procedural Requirements

New York State Legislature has passed a bill that would require employers to provide employees with a minimum 21-day review period and 7-day revocation window for separation agreements involving the release of claims. The proposed "No Severance Ultimatums Act" extends procedural protections similar to those under federal age discrimination law to all covered severance agreements, regardless of employee age, and awaits Governor Hochul's signature.
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
Article

Parliament’s Position On SFDR 2.0

The European Parliament's Committee on Economic and Monetary Affairs has adopted its position on the Sustainable Finance Disclosure Regulation reform, establishing key divergences with the European Commission and Council on professional investor exemptions and fossil fuel investment criteria. With trilogue negotiations set to begin in October 2026, private markets managers face critical decisions about how to position their funds under the new three-category framework expected to take effect in early 2029.
United KingdomCorporate/Commercial Law
Proskauer Rose LLP
Proskauer Rose LLP
Article

New York State Mandates Employee Access To Personnel Records

New York has enacted legislation granting private and public sector employees unprecedented access to their personnel records, including the right to review, dispute, and potentially correct negative information that could impact their employment status. The law, which takes effect in November 2026, establishes strict timelines for employer notification and record access while providing enforcement mechanisms through the State Attorney General.
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP