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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”).

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.

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.

On December 18, 2023, the Federal Trade Commission and U.S. Department of Justice (the “Agencies”) jointly released new Merger Guidelines (the “Guidelines”), setting forth the analytical framework the Agencies will use to review proposed mergers and acquisitions.

On September 26, 2023, the Federal Trade Commission (“FTC”) and a coalition of seventeen State Attorneys General filed a long-expected suit accusing Amazon of violating federal and state antitrust law.

On June 29, 2023, the Federal Trade Commission’s (“FTC”) Bureau of Competition and Office of Technology published a joint blog post that provided deeper insight into the FTC’s focus on competition in generative artificial intelligence (“AI”).

June 2023 Antitrust Cartel primer brings together our knowledge of cartel cases and distills it in an easily digestible and practical format. It discusses challenges targets face in responding to cartel allegations and gives examples from actual cases to illustrate key points.

Craig Seebald, co-head of the firm’s Litigation and Regulatory group, appeared on CNN to discuss the legal ramifications of the combining of the two golf tours, PGA and LIV Golf, and revealed that he believes that the legal battles are far from over.

As companies seek to promote their green bona fides, they are at risk of coming under scrutiny for “greenwashing” — the practice of claiming practices, products, or services as more environmentally friendly than they actually are. 

Companies face a difficult choice between taking heed of growing anti-ESG voices while continuing to meet investor and shareholder demands.

Since early 2022, representatives of the U.S. Department of Justice’s (“DOJ”) Antitrust Division have made a series of increasingly strident public remarks about the Antitrust Division’s newfound willingness to criminally prosecute unilateral conduct that violates Section 2 of the Sherman Act.