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ARTICLE · 02 NOVEMBER 2022

Three Notable Antitrust & Tech Updates That May Have Flown Under Your Radar

Proskauer Rose LLP
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Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar...

United StatesAntitrust/Competition Law

Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues; 2) potential enforcement efforts regarding director overlaps; and 3) challenges to MFN pricing.

The Gig Economy. The FTC recently announced its enforcement priority to protect gig workers from issues such as anticompetitive wage fixing and coordination between gig economy companies. While not be solely tech focused, many tech companies, big and small, are based on the gig economy, often creating gig economies of their own. Indeed, 16% of Americans report having earned money from an online gig platform. In its statement, the FTC noted three main areas of focus: 1) claims and conduct regarding the costs and benefits of gig work; 2) contract terms, including any restrictive terms limiting the ability to seek other jobs; and 3) wage, benefits or fee

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