In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees.
Following consumer trends and fueled by the pandemic and related loosening of restrictions on in-state retailer alcohol delivery regulations, the marketplace for alcohol delivery services has expanded exponentially over the last several years and shows no signs of slowing down.
On 10 May 2022, the European Commission adopted the long-awaited new Vertical Block Exemption Regulation (VBER) and the new accompanying Vertical Guidelines (Guidelines). The VBER entered into force on 1 June 2022 and is valid for 12 years. It allows for a one-year transitional period for existing agreements to align with the VBER and Guidelines.
On May 28, 2022, changes to various laws took effect that will help lead to innovations in consumer information obligations, the implementation of discount campaigns, and the design of online marketplaces and price comparisons. The changes indicate that non-compliance may in some cases result in severe regulatory penalties.
In an April 21 speech, U.S. Assistant Attorney General Jonathan Kanter highlighted his five policy initiatives for reinvigorating enforcement of U.S. antitrust laws. Kanter’s five initiatives included focusing on protecting competition, adapting current antitrust laws to reflect market realities, and reviving the enforcement of Section 2 of the Sherman Act. Kanter also stated that under his tenure the Antitrust Division will litigate cases to a decision in order to develop the law to match his other enforcement initiatives.
US antitrust enforcers have signaled that private equity firms are the prime targets for upcoming aggressive antitrust merger enforcement. In a recent interview, US Assistant Attorney General Jonathan Kanter stated that the motive of a private equity firm may be “designed to hollow out or roll up an industry and essentially cash out,” which “is often very much at odds with the law, and very much at odds with the competition we’re trying to protect.” His comment comes after Lina Khan, the current Federal Trade Commission (FTC) Chairwoman, stated that private equity roll-ups would be a focal point for the FTC.
As Russia continues to escalate its military operations in Ukraine, the European Union (EU) and the United Kingdom (UK) unveiled details of new sanctions against Russia. This alert summarises the proposed restrictions.
Dutch Investment Review Act gives the Dutch government significantly enhanced powers to scrutinize and intervene in certain acquisitions that could harm national security.
Juries in Texas and Colorado dealt rare losses to the Antitrust Division of the Department of Justice (DOJ) in its effort to ramp up antitrust enforcement in so-called “labor markets,” i.e., the competition for recruiting and retaining employees, specifically regarding purported agreements among companies to fix employee wages or not to solicit or hire certain employees (no-poach agreements).
To mitigate the negative economic and social consequences of Russian military aggression against Ukraine and to lessen the effect of the restrictive economic measures taken in response to the crisis, as well as retaliatory counter measures, the European Commission adopted the Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (Framework).
The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to expanding legal protections for workers and labor unions, the General Counsel’s office of the NLRB issued Memorandum OM 22-09, reiterating NLRB policy on workers’ rights to access the NLRB collective bargaining and remedial procedures regardless of immigration status, without fear of reprisals from their employers or the federal government.
Effective January 1, 2023, Washington employers with at least 15 employees must affirmatively disclose the wage scale or salary range and a general description of all benefits and other compensation being offered when posting job openings, regardless of whether such information is requested by the applicant.
While the United States awaits the Supreme Court’s ruling in Dobbs v. Jackson, which may overturn Roe v. Wade and eliminate the federal standard for abortion access, some states are considering setting their own standards that would ban or protect the medical procedure.
As volatility in the cryptocurrency market has increased, regulators in the United States and around the world have indicated a willingness to impose tougher compliance requirements related to crypto assets. As a result, there is an increasing likelihood that companies that hold or deal in crypto assets may be subject to additional regulations in the coming years.
Manufacturers in the U.S. should take note of a new request for comment from the United States Trade Representative as a lack of support may lead to removal of the tariffs and surge in unfairly priced imports.
On May 18, 2022, the U.S. Court of Appeals for the Fifth Circuit issued its decision in Jarkesy v. Securities and Exchange Comm’n, in which it examined the constitutionality of an agency civil money penalty enforcement proceeding.
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