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On August 20, 2024, the U.S. District Court for the Northern District of Texas entered a final judgment (“Order”) setting aside, on a nationwide basis, the Federal Trade Commission (“FTC”) final rule (“Rule”) prohibiting non-competition agreements.

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”).

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.

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.”

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.

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”).

On June 27, 2023, the Federal Trade Commission (“FTC”), with the concurrence of the Assistant Attorney General of the Antitrust Division of the U.S. Department of Justice (together with the FTC, the “Agencies”), announced that it is proposing extensive changes to the premerger notification form, instructions, and implementing regulations under the Hart-Scott-Rodino (“HSR”) Act.

The drumbeat of opposition to non-compete agreements is getting even louder, as New York is now poised to enact a law that, if passed, would create sweeping prohibitions against non-competes in that state.

On April 28, 2023, U.S. District Judge Victor A. Bolden issued the latest blow toSteve Medlock, Craig Seebald, Rami Rashmawi, Becky Baker the Department of Justice’s (“DOJ”) efforts to criminally prosecute individuals who engage in “no-poach” agreements by granting the defendants’ motion for judgment of acquittal.