The MoginRubin blog offers informative analysis and insightful commentary on timely issues related to competition and antitrust actions, mergers, acquisitions and associated regulatory and legislative activity.
In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that would silence employees who wish to blow the whistle on corporate crimes; the other is the use of no-poach and non-compete agreements to limit worker mobility and economic freedom. Time will tell whether enforcers in the Trump administration will feel as passionately about these pro-worker positions and antitrust ...
Various leaders in the federal government have made it clear that they are now applying greater scrutiny to mergers and acquisitions and are not enamored with many years of anticompetitive business deals and settlements that offer inadequate protection to competition. Statements from the Antitrust Division of the Justice Department and the antitrust enforcers at the Federal Trade Commission have been saying as much since President Biden took office. Before that, he wasn’t alone in the pack of Democratic candidates who felt the government ...
Two class action certifications in two months have put credit card giants Visa and Mastercard on the defensive over the alleged anticompetitive transaction fees and rules the companies impose on merchants in one case and independent ATM operators in the other. Most recently, U.S. District Judge Margo K. Brodie of New York certified a class action against Visa, Mastercard and a group of large banks on Sept. 27 for fixing the “merchant discount,” the fee paid by merchants on credit and debit card transactions, and for rules that prevent ...
September 30, 2021
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