On Competition Policy
Premerger Notification Rule Gets Stay of Execution
The new Premerger Notification Rule, vacated by a federal district court because its benefits outweighed its costs, has been temporarily reinstated by the Fifth Circuit. While the appeal plays out, companies will have…
Washington State and Colorado Premerger Notification Requirements
Washington State and Colorado have premerger notification requirements. If you make about $25 million or more in either of those States, which will inch up each year, assuming no deflation, or have a principal place of…
Firings of Democratic Commissioners Leave FTC In Flux and Tee Up Revisiting of Humphrey’s Executor
As news hit last night that President Trump fired the two remaining Democratic FTC Commissioners Alvaro Bedoya and Rebecca Slaughter, many questions abound. Would Commissioners Bedoya and Slaughter contest the…
Can Two FTC Commissioners of the Same Party Constitute a Quorum?
Yesterday, President Trump fired the two Democratic members of the Federal Trade Commission, Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter. President Trump’s action leaves Chair Andrew Ferguson (R) and…
FTC Doubles Down Against Long Odds on Noncompete Rule
After two federal courts condemned the Federal Trade Commission’s audacious effort to ban noncompete agreements in the United States, the agency is gambling that a circuit court will rescue its Noncompete Rule . At…