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We’re talking Antitrust with a Texas T. And a whole lot of D.C. and SF – with a team of stars from across the country who’ve come together in one of the most powerhouse competition practices going.

As we previously addressed, on April 24, 2024, the Federal Trade Commission (“FTC”) voted to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers (“FTC Rule”).

Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to encounter them with greater frequency as AI’s role in the economy continues to grow.

Antitrust issues have cut deeply into the corporate landscape, and this year is shaping up for more of the same. Generative artificial intelligence, merger enforcement, and trial risks stand out as three of the most important antitrust considerations companies should have top of mind in 2024.

For years, email has been the dominant form of business communication. The average office worker sends approximately 9,000 to 15,000 emails per year. Multiply 15,000 emails across multiple personnel and multiple years, and that leads to an enormous amount of email flowing into review for a lawsuit or investigation. And, as we all know, many of those emails are replies and forwards containing repetitive information that appear multiple times in our inboxes. Reviewing each individual email in those email chains or “threads” can be time-consuming and costly. Email threading can help solve this problem.

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing standards of proof, companies that are able to successfully ward off government enforcement actions may still find themselves mired in civil litigation that comes with even more significant discovery and exposure to financial liability.

On April 23, 2024, the Federal Trade Commission (“FTC”) voted 3-2, on party lines, to finalize its rule prohibiting businesses from entering into or enforcing non-compete clauses in nearly all agreements with workers.

California Senior Assistant Attorney General Paula Blizzard announced that the California AG’s office will “reinvigorate” its dormant criminal enforcement of the Cartwright Act.

The Federal Trade Commission (“FTC”) has revised the thresholds that govern pre-merger notification requirements under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”), and Section 8 of the Clayton Act governing “interlocking directorates.”

V&E lawyers discussed recent antitrust developments in these industries — including federal regulators’ merger and non-merger enforcement priorities and state & private litigation — and what lies ahead.

For companies in the energy and chemical sectors, the potential for antitrust scrutiny is an ever-present concern. The next round of enforcement inquiries is never further away than the next jump in commodity prices or the next consolidation wave. Especially under an enforcement-minded administration, companies should stay focused on timely transaction planning and routine compliance efforts to manage their antitrust-related risks.