Arindam Kar (He/Him)Jan 18, 2023
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
Polsinelli

Arindam Kar (He/Him)Jan 11, 2023

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

Polsinelli

Arindam Kar (He/Him)Jan 11, 2023
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
Pepsi, Coke soda pricing targeted in new federal probe

The FTC probe comes as the agency looks to dust off a decades old, but long dormant price-discrimination law.

POLITICO
Arindam Kar (He/Him)Jan 9, 2023

"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

Opinion | FTC Chair Lina Khan on the Problems with Noncompetes

The chairwoman of the F.T.C. argues in favor of a proposal to eliminate noncompete clauses from employee contracts.

Arindam Kar (He/Him)Jan 9, 2023
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/
As the FTC Hints at Renewed Enforcement of theRobinson-Patman Act, the Usual (Dull) Knives Come Out - The Sling

Over the last year, three of the four current FTC Commissioners (one seat is vacant) have indicated an interest in renewed enforcement of the Robinson-Patman Act as a potential means of policing anticompetitive conduct. The most robust support has been voiced by Commissioner Alvaro Bedoya, who delivered a speech on the subject on September 22,... Read More

The Sling
Arindam Kar (He/Him)Jan 4, 2023
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
Polsinelli

Arindam Kar (He/Him)Jan 3, 2023
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
Antitrust: DOJ and FTC Jurisdictions Overlap, but Conflicts are Infrequent

The Department of Justice (DOJ) and the Federal Trade Commission (FTC) both enforce federal antitrust laws, which are meant to promote free and fair...

Arindam Kar (He/Him)Nov 30, 2022
#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
Consumer groups push for antitrust investigation of hospital suppliers

A coalition of nine consumer advocacy groups sent a letter to the Federal Trade Commission urging it to open an antitrust investigation into hospital supply chain middlemen called group purchasing organizations, the Ohio Capital Journal reported Nov. 29.

Arindam Kar (He/Him)Nov 10, 2022
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
FTC Restores Rigorous Enforcement of Law Banning Unfair Methods of Competition

The Federal Trade Commission issued a

Federal Trade Commission
Arindam Kar (He/Him)Nov 8, 2022
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
Polsinelli