Environmental Initiatives Are Not Exempt from Antitrust Enforcement, FTC Says

At the American Bar Association’s recent antitrust meeting in Washington, D.C., the Federal Trade Commission (FTC) Office of Policy and Coordination’s Deputy Assistant Director Synda Mark cautioned companies seeking to collaborate on environmental initiatives that they are not exempt from antitrust enforcement. Mark commented during a panel discussion that antitrust officials will not “turn a blind eye” to anticompetitive conduct, despite corporate promises of the environmental benefits of collaborative conduct, noting that the FTC works only to prevent economic harms and that environmental justice goals do not “seep into the antitrust analysis.” Read the full Alert on the Duane Morris website.

FTC Announces Crackdown on Deceptive AI Claims and Schemes

As part of its ongoing enforcement efforts against allegedly deceptive and misleading uses of artificial intelligence, the Federal Trade Commission (FTC) disclosed five new enforcement actions on September 25, 2024, against companies across various industries that either allegedly made fraudulent claims about their AI resources or offered AI services that could be used in misleading or deceptive ways. Read the full Alert on the Duane Morris website.

Federal Court Stops the FTC Noncompete Rule from Being Enforced or Taking Effect

On August 20, 2024, the United States District Court for the Northern District of Texas, in the Ryan lawsuit, struck down a final Federal Trade Commission (FTC) rule―which was set to go into effect on September 4, 2024, and ban noncompetition agreements for virtually all U.S. workers―holding that the rule shall not be enforced by the FTC or take effect as to any workers or employers. Read the full Alert on the Duane Morris website. 

DOJ and 30 Attorneys General Bring Antitrust Suit Against Live Nation and Ticketmaster

On May 23, 2024, the Department of Justice Antitrust Division (DOJ) and Attorneys General from 29 states and the District of Columbia sued Live Nation and its wholly owned subsidiary, Ticketmaster, for violations of federal antitrust law in the U.S. District Court for the Southern District of New York. United States of America, et al., v. Live Nation Entertainment, Inc., et al., No. 1:24-cv-03973 (S.D.N.Y. May 23, 2024).  Among other relief, the government is seeking to require the divestiture of Ticketmaster, a little over a dozen years after DOJ allowed Live Nation to acquire Ticketmaster.

The Complaint alleges that Live Nation “serves as the gatekeeper for the delivery of nearly all live music in America today.” DOJ and the Attorneys General allege that Live Nation controls “around 60% of concert promotions at major concert venues” and that Ticketmaster “controls roughly 80% or more of major concert venues’ primary ticketing for concerts and a growing share of ticket resales in the secondary market.” With that control as leverage, the Complaint alleges that Live Nation and Ticketmaster have violated Sherman Act Sections 1 and 2 and various state competition laws.

DOJ and FTC Launch Public Inquiry into Serial Acquisitions

On March 23, 2024, the Justice Department Antitrust Division (DOJ) and Federal Trade Commission (FTC) jointly issued a Request for Information (RFI) on serial acquisitions and roll-up strategies, a consolidation strategy often used by private equity firms. The RFI seeks information from “any sector or industry in the U.S. economy, including, but not limited to, housing, agriculture, defense, cybersecurity, distribution, construction, aftermarket/repair, and professional services markets.  The RFI is intended to complement the federal government’s investigation into healthcare competition.

The public has 60 days to submit comments to the RFI, meaning until July 22, 2024. According to the RFI, public comments will inform FTC and DOJ enforcement priorities and future actions.

DOJ Announces Task Force Targeting Anticompetitive Conduct in Health Care Industry

The Department of Justice (DOJ) Antitrust Division’s newly formed Task Force on Health Care Monopolies and Collusion (HCMC) “will guide the division’s enforcement strategy and policy approach in health care, including by facilitating policy advocacy, investigations, and where warranted, civil and criminal enforcement in health care markets,” according to its May 9, 2024 announcement.

The HCMC announcement came on the same day that Assistant Attorney General Jonathan Kanter discussed DOJ’s antitrust enforcement efforts with the Washington Post. In that interview, AAG Kanter stated that “[t]he platformization of health care has resulted in multi-sided giants, intermediaries that have a coordinated stack of businesses that flow together, including payers, including providers, including PBMs, claims processing, banks.” The HCMC “will identify and root out monopolies and collusive practices that increase costs, decrease quality and create single points of failure in the health care industry,” according to DOJ’s press release. Katrina Rouse will lead the HCMC.

The HCMC is yet another effort in the so-called “whole-of-government” approach articulated by the Biden Administration to enforce the antitrust laws, in particular with respect to the health care industry. In March, DOJ, with the Federal Trade Commission and U.S. Department of Health and Human Services, jointly issued a Request for Information requesting public comment on transactions in the health care space. Earlier this month, the agencies extended the comment period by 30 days with the new deadline being June 5, 2024.

FTC Votes to Ban Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to approve a final rule banning non-competes with all workers 120 days after publication in the Federal Register, and invalidating existing non-competes with all workers except senior executives. Although the final rule abandons many aspects of the rule proposed in January 2023, the final rule represents a sea change in the law relating to non-compete clauses in the United States. Read the full Alert on the Duane Morris website.

FTC to Vote April 23 on Rule to Ban Noncompete Agreements

The Federal Trade Commission will vote at an open commission meeting to be held virtually on Tuesday, April 23, 2024, at 2:00 p.m. Eastern on its proposed rule banning employers from entering into noncompete agreements with workers.  If issued, the final rule would go into effect 60 days following its publication in the Federal Register, and companies would have to be in compliance 180 days after publication. Read more on Duane Morris’ website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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