Insights

Washington – June 8, 2023: Crowell & Moring has been recommended in seven practice areas in the 16th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to the Legal 500’s “Hall of Fame” for Government Contracts. The firm’s full rankings can be viewed here.

Washington – June 15, 2022: Crowell & Moring has been recommended in eight practice areas in the 15th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group, has been named to Legal 500’s “Hall of Fame” for Government Contracts. Antitrust & Competition partner Megan L. Wolf has been named a “Next Generation Partner” for Merger Control. Advertising & Media partners Christopher A. Cole and Lauren Aronson have been named a “Leading Lawyer” and “Next Generation Partner” for Advertising and Marketing Litigation respectively. The firm’s full rankings can be viewed here.

Washington – June 14, 2021: Crowell & Moring has been recommended in six practice areas in the 14th edition of the Legal 500 United States. In addition, partner Daniel R. Forman, co-chair of the firm’s Government Contracts Group and Management Board member, has been named to Legal 500’s “Hall of Fame” for Government Contracts, and Antitrust & Competition partner Megan L. Wolf has been named a “Next Generation Partner” for Merger Control. The firm’s full rankings can be viewed here.

On April 23, 2024, the Federal Trade Commission (“FTC” or “the Agency”) voted 3-2 along partisan lines in a special public meeting to adopt the “Non-Compete Clause Rule” (the “Final Rule”), which will prohibit most employee non-competes with retroactive effect, except existing non-compete provisions of “senior executives.”  The Final Rule will also ban future non-compete agreements, including for senior executives, with limited exceptions.  The rule will not become effective until 120 days after publication in the Federal Register, and covered employers will be required to comply with the Final Rule by that effective date, which could come as early as August this year.  By the FTC’s own estimate, this ban could affect up to one-in-five American workers.

After more than two years of preview and consultation, including thousands of public comments, the Antitrust Division of the Department of Justice and the Federal Trade Commission issued the final version of their 2023 Merger Guidelines (“Guidelines”) yesterday, December 18, 2023. As we noted when the draft guidelines were released in July, the final Guidelines both harken back to older, long-standing precedent and provide a framework for how the Agencies apply merger enforcement policy in modern economic markets. The Guidelines hold fast to the Biden administration’s enforcement policy to address harms from what they perceive to be “excessive” corporate consolidation by reinvigorating and enhancing merger enforcement. Yet, the final Guidelines show that the Agencies have responded to at least some of the criticism of the draft version, and may be more likely to align with how courts currently analyze merger challenges.

The Federal Trade Commission took a major step recently to crack down on unlawful interlocking directorates and leverage its “standalone” authority that prohibits “unfair methods of competition.”  In a complaint and consent order issued last week, the FTC alleged that a transaction between EQT Corporation and QEP Partners, LP (Quantum) violated Section 8 of the Clayton Act, the first time in 40 years that the agency has enforced the statute.  The FTC also alleged that the transaction and an existing joint venture independently violated Section 5 of the FTC Act based largely on the prospective ability to share competitively sensitive information, an expansive theory of harm. The consent order goes well beyond the typical remedy for a Section 8 violation – prohibiting the interlock – and also prohibits Quantum from serving on certain other competitors’ boards without prior approval of the Commission.  The Section 5 information sharing remedy is similarly aggressive, requiring the parties to dissolve an existing “cozy” joint-venture and requiring Quantum to divest all EQT shares it acquired in the underlying transaction.  These novel theories of harm and aggressive remedies are a warning shot to companies that the agencies are ramping up scrutiny of board interlocks and competitor information exchanges.

The right to repair is at the center of a key policy debate with the Biden Administration voicing support for competition and consumer choice in repair markets. Over the summer, the FTC announced three proposed settlements alleging violations of the Magnuson-Moss Warranty Act and the FTC Act. Additionally, the right to repair movement is gaining momentum as the pace of private litigation in this area has increased.

In the fifth installment of Crowell & Moring’s webinar series, our seasoned Antitrust & Competition practitioners will discuss the potential antitrust risks created or exacerbated by the ongoing supply chain crisis.  Our panelists will explore issues that arise throughout the supply chain, including those related to price discrimination, availability & access challenges, exclusionary contract provisions, resale price maintenance, non-price restraints, and competitor collaborations.  The panel will offer practical tips to navigate these challenges for both suppliers and customers. 

Supply chain issues are a top concern for many companies across industries and markets. Please join us for a webinar series that explores these issues and provides insights on the various legal and tactical considerations as companies think about supply chain disruption, impacts, and solutions.

Crowell & Moring's "Government Contracts Classroom" is a podcast that covers a wide range of topics relevant to government contractors and provides training and information designed to help you navigate the complexities of government contracting. In this inaugural episode, counsel Megan Wolf talks with partners Daniel Zelenko and Gail Zirkelbach about the DOJ’s new Procurement Collusion Strike Force, answering the most common questions they have received since the Strike Force was announced.