Is government #antitrust #enforcement of a nearly 90 year-old law back? If it is, manufacturers/suppliers need to be mindful of their channel #pricing policies. More on this in our #polsinelli update. #pricediscrimination #robinsonpatman
https://www.polsinelli.com/publications/whats-old-is-new-again-reviving-fairness-with-renewed-ftc-price-discrimination-enforcement-and-what-that-means-for-companies

Clients are understandably trying to get a handle on the potential impact of the #FTC's new proposed rule banning employer #noncompete clauses. In addition to working with my #Polsinelli #L&E colleagues on strategic ways to address this potential risk (see the blog that I posted last week), also hearing from clients asking as to how they can convey their positions regarding the new proposed rule. If you are interested in commenting on the proposed rule, the time is now.

https://www.polsinelli.com/publications/the-time-is-now-comment-period-open-for-the-federal-trade-commissions-new-proposed-rule-banning-employer-non-compete-clauses

The #FTC had indicated that it was going to re-embrace #pricediscrimination claims under the Robinson Patman Act as part of its ever expanding #antitrust #enforcement regime. Well, folks, here it is. More to come from the #Polsinelli team. https://politi.co/3GtmO5A

"At this stage, the F.T.C.’s proposed rule is just that — a proposal. The public is invited to weigh in during the open commenting period. Hearing from a broad range of voices — including entrepreneurs, employers and workers who have been subject to noncompetes — will help ensure that our efforts are based in reality, not abstract theories." #antitrust #enforcement #noncompetes #Polsinelli

https://www.nytimes.com/2023/01/09/opinion/linakhan-ftc-noncompete.html?smid=tw-share

Interesting piece by Mark Poe, who was on a great panel at last year's ABA Antitrust Section Spring Meeting. With the FTC's renewed vigor and emphasis in #enforcement (FTC Act and beyond), is the Robinson-Patman Act next? #antitrust #pricediscrimination #Polsinelli
https://www.thesling.org/as-the-ftc-hints-at-renewed-enforcement-of-therobinson-patman-act-the-usual-dull-knives-come-out/

The cost for #mergersandacquisitions will be going up for many companies in 2023; The #polsinelli #antitrust team outlines the changes to Hart-Scott-Rodino filing fees as part of the Merger Filing Fee Modernization Act.
https://www.polsinelli.com/publications/new-federal-laws-will-yield-big-increases-in-hsr-filing-fees-for-large-ma-transactions-while-adding-foreign-subsidy-disclosure-obligations

The takeaway: the #antitrust agencies get along well and have an aligned strategy in #enforcement of the #law. #Polsinelli https://www.gao.gov/products/gao-23-105790

#GPOs, when properly managed & structured, have historically been seen as efficient, #procompetitive efforts to manage healthcare costs. Some consumer groups, however, disagree & are requesting a 6(b) study by the #FTC. #antitrust #compliance #healthcare #enforcement #Polsinelli https://www.beckershospitalreview.com/supply-chain/consumer-groups-push-for-antitrust-investigation-of-hospital-suppliers.html?utm_medium=email&utm_content=newsletter

Significant, but not surprising, #antitrust #policy statement making clear that #FTC will enforce Section 5 of the FTC Act for conduct beyond scope of #Sherman & #Clayton Acts #Polsinelli #enforcement #investigations https://www.ftc.gov/news-events/news/press-releases/2022/11/ftc-restores-rigorous-enforcement-law-banning-unfair-methods-competition

More on a remarkable few weeks of #antitrust #enforcement, including this conviction, which is another high profile case for the Procurement Collusion Strike Force. #Polsinelli
https://www.polsinelli.com/publications/no-agreement-no-worries-justice-department-secures-historic-criminal-attempted-monopolization-conviction