Takeaways from U.S. v. National Association for College Admission Counseling On April 17, 2020, a Final Judgment was entered settling allegations in a complaint filed by the Antitrust Division of the Department of Justice (DOJ) against the National Association for College Admission Counseling (NACAC). In its complaint, the DOJ alleged that three sections of the NACAC […]
A lot has changed in the business world since the COVID-19 pandemic began sweeping across the United States and the rest of the world. Social distancing requirements, lockdown orders, travel restrictions, mass layoffs, and disrupted supply chains have businesses scrambling to deal not only with a variety of human resource issues caused by a frightening […]
As trade associations and professional societies continue to lose members because of increased economic concentration, they search for effective means for supporting smaller members who compete in local markets. Often the Mom and Pop retail store or the independent professional is facing stiff competition from national retail operations or professional chains that have acquired numerous […]
On August 29, 2019, the Surface Transportation Board issued a decision that further heightens the need for rail shippers to press the Board for revisions to the agency’s regulations and policies that test the reasonableness of rates paid by rail shippers captive to a single railroad for service. All three of the current Board members […]
On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit Court”) affirmed a decision by the U.S. District Court for the District of Columbia to deny class certification In re Rail Freight Surcharge Antitrust Litig., No. 18-7010 (D.C. Cir. August 16, 2019). The case involved a putative […]
Globalization, increased consolidation in many key industries, the rising dominance of technology giants like Amazon, Apple, Facebook and Google, and the rapid advance of new technologies have transformed our economy in the 21st century. During the past several months, members of Congress, the U.S. Department of Justice, the Federal Trade Commission, and a number of […]
Corporate compliance programs – formal corporate policies, practices, and procedures designed to ensure compliance with applicable legal requirements – have long been recognized as an important management tool for nonprofit associations as well as for-profit companies to avoid or to mitigate civil and/or criminal liability. An effective corporate compliance program is especially important in the […]
In some industries and professions, certain employers have complained that competitors are unfairly stealing their skilled blue collar and professional employees. These employers contend that it hurts business and raises costs when they spend time and effort training employees only to have those employees offered a job with a competitor. The competitor usually offers the […]
Under the current Antitrust laws, large companies seeking to merge must file a Hart-Scott-Rodino Report with the Federal Trade Commission (FTC) or the Department of Justice (DOJ) describing the proposed transaction. The respective antitrust agencies then review the information in the report and, within a given time period, must inform the parties to the transaction […]