Jon B. Jacobs Partner

Federal and state enforcers highlighted an ambitious agenda at the 2023 ABA Antitrust Spring Meeting. From criminal no-solicitation, no-poach, wage-fixing, and monopolization cases to a more aggressive merger strategy, this Update discusses 10 takeaways that companies should have on their radars.

The American Bar Association's 2023 Antitrust Spring Meeting, held in Washington, D.C., placed heavy emphasis on employees, contractors, and talent. Government officials, judges, academics, and the private bar debated cutting-edge competition issues affecting workers and labor markets, including criminal enforcement, amicus efforts, public engagement, and rulemaking. Prosecutors sent a clear message that they view no-solicitation, no-poach, and wage-fixing agreements as criminal violations, even in the face of several jury trial setbacks.

This guide offers counsel a roadmap for handling various issues that may arise during the representation of a corporate or individual defendant during a grand jury investigation.

The U.S. Department of Justice, Antitrust Division, recently withdrew three sets of healthcare policy guidelines. This Update discusses the DOJ's decision and its implications for the industry.

This Update analyzes three trends that make customized compliance programs more crucial than ever and provides guidance on how companies can begin to craft catered policies to fit their business needs.

The Federal Trade Commission and 10 U.S. states recently filed an antitrust complaint against Syngenta AG and Corteva Inc. in the U.S. District Court for the Middle District of North Carolina.

A federal judge in the U.S. District Court for the Northern District of Illinois has held that an antitrust challenge to a “hiring restriction [that] prevented” plaintiff employees “from taking a better-paying position with a rival McDonald’s outlet” must be evaluated under the full rule of reason.

A proposed healthcare acquisition was abandoned following the Federal Trade Commission’s unanimous vote to oppose the transaction.

The U.S. Department of Justice's Antitrust Division (Antitrust Division) touts its Leniency Program as "its most important investigative tool for detecting cartel activity." Through this program, corporations and individuals who "report their cartel activity and cooperate in the Division's investigation of the cartel reported can avoid criminal conviction, fines, and prison sentences if they meet the requirements of the program."

There's a clear message out of the American Bar Association's Antitrust Law Spring Meeting, held April 5-8 in Washington: Practitioners should know that we are in a new era of antitrust enforcement and the Antitrust Division of the U.S. Department of Justice will be taking on tough cases such as those addressing criminal Section 2 enforcement and labor market practices.

The U.S. Department of Justice, Antitrust Division (Antitrust Division) announced several significant updates to its Leniency Policy on April 4, 2022.

The U.S. Department of Justice (DOJ)  announced on June 7, 2021, that a North Carolina engineering firm agreed to pay a $7 million fine and $1.5 million in restitution after pleading guilty to engaging in bid rigging and fraud in order to obtain contracts for infrastructure projects.

U.S. antitrust enforcers highlighted their past efforts and future priorities at the American Bar Association's Antitrust Law Spring Meeting, held virtually on March 23-26.

Antitrust lawyers Jon Jacobs and Kevin Schock join host Markus Funk to discuss the fundamental legal principles applicable to no-poach and wage-fixing agreements, explore current government enforcement priorities related to these types of agreements, and evaluate examples of recent enforcement activity in the no-poach and wage-fixing space.

The Antitrust Division (Division) of the U.S. Department of Justice (DOJ) announced an update to its Civil Investigative Demand (CID) forms and its investigative deposition process on September 10.

The economic damage attendant to COVID-19 has already resulted in a substantial increase in bankruptcies.

COVID-19 has financially stressed the U.S. healthcare system in several ways.

The federal government does not generally enforce the Controlled Substances Act (CSA) in states that have legalized cannabis, unless offenses occur on federal property or involve other federal criminal laws. 

This is the second of three updates on the American Bar Association's 68th Antitrust Law Spring Meeting. The meeting included sessions on merger enforcement that addressed a number of important issues. 

The meeting included sessions on merger enforcement that addressed a number of important issues.

The U.S. Department of Justice (DOJ) recently prevailed in its challenge of Novelis’ proposed merger with Aleris Corporation.

Last Friday, the White House declared a national state of emergency amid concerns of the global spread of the coronavirus. Nearly every state and numerous cities have followed suit by issuing declarations triggering emergency measures and regulations on businesses.

 When the DOJ is deciding whether to charge a company with a criminal antitrust violation, or agreeing to a deferred prosecution agreement (DPA), the effectiveness of a company’s antitrust compliance program is only one factor.

Schick, the shaving product company, recently announced it was abandoning its proposed $1.4 billion acquisition of rival startup Harry’s Razors

The U.S. Department of Justice (DOJ) announced a new policy on July 11, 2019, designed to incentivize the development and implementation of corporate antitrust compliance programs. 

There are increasing calls for the antitrust enforcement agencies to review the effects of past acquisitions in the tech sector.

This is the second article in a three-part series on the American Bar Association's 67th Antitrust Law spring meeting.

The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions with representatives from those agencies.

From 2010 to 2015, the Antitrust Division of the U.S. Department of Justice filed criminal charges against more than 120 corporations and more than 350 individuals, and collected fines and penalties of more than $8 billion.

The U.S. Department of Justice (DOJ) and the Attorney General of North Carolina announced a settlement last week in their civil antitrust case against Atrium Health, the largest hospital system in the state of North Carolina.

In his opening remarks, Joseph Stiglitz observed that market power has increased over the last few decades, with adverse economic and political effects.

The Antitrust Division of the U.S. Department of Justice (DOJ) last week announced that it was seeking public comments on the continued viability of the Paramount Consent Decrees, which have regulated how motion pictures are distributed to theaters for the past 70 years.

This immigration law practice advisory discusses DHS’s burden of proving the $10,000 loss requirement for aggravated felonies involving fraud or deceit. Earlier this year, two Perkins Coie attorneys, with substantial assistance from the CAIR Coalition, were able to reverse a finding of removability for committing an aggravated felony and ultimately secure cancellation of removal for their client under INA 240A(1)(a).

Following a six-week trial, federal Judge Richard Leon of the U.S. District Court for the District of Columbia recently approved AT&T’s 85-billion-dollar acquisition of Time Warner Inc. 

Three Perkins Coie attorneys discuss a recent order from the Southern District of New York affirming the broad reach of U.S. antitrust law. The authors note that the decision raises several considerations relevant to international companies managing antitrust risk.

This paper explores the issue of purchasing cost savings in health insurance mergers and whether they should be considered to be procompetitive efficiencies or an exercise of monopsony power.

The Antitrust Division of the DOJ hosted a roundtable discussion on criminal antitrust compliance programs a few weeks ago, and the event underscored why it is critical for companies to adopt compliance programs that will detect any violations committed by their employees.

The American Bar Association’s recent 2018 Antitrust Law Spring Meeting included many sessions and discussion on merger enforcement.

We offer some key takeaways from ABA's Antitrust Law Spring Meeting, including the impact of leadership changes at the federal agencies, recent enforcement activities and signals regarding future priorities.

The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included many sessions on merger enforcement. Some of the most interesting panels are discussed here.

The American Bar Association’s 66th Antitrust Law Spring Meeting, held last week, included a number of sessions with representatives from federal and state antitrust enforcement agencies.

The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws by conspiring to refuse to provide discounts, and sometimes refusing to serve, buying groups representing dental practitioners.

The American Bar Association held its annual Antitrust Fall Forum on Nov. 16 in Washington, D.C. This year’s theme was “predictability.”

Earlier in 2017, Judge Robert J. Conrad, of the U.S. District Court for the Western District of North Carolina, denied a motion to dismiss the antitrust case brought against the Carolinas HealthCare System (CHS) by the Department of Justice (DOJ) and the Attorney General of North Carolina. The CHS case is the first antitrust challenge of “anti-steering” contract clauses in the health-care industry.

On October 12, 2017, President Donald J. Trump signed an executive order designed to promote choice and competition in healthcare markets. The order was reported as a first step in the administration’s effort to undermine the Affordable Care Act.

Jon spoke on a podcast on Daily News titled "Gist Healthcare Daily" and helps break down some of the arguments in the Sutter Health antitrust case.  

This session continued the Committee's popular monthly series of the programs in which antitrust practitioners provide unique insights on the most recent developments around the world at the antitrust agencies and in the courts. Perkins Coie’s Mara Boundy, Nick Hesterberg, Jon Jacobs and Barry Reingold covered key antitrust developments during May 2018.   

A presentation with Perkins Coie LLP and the Zhonglun W&D Law Firm on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad.

A presentation with Perkins Coie LLP, Zhonglun W&D Law Firm and China Chamber of International Commerce on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad. 

A presentation with Perkins Coie LLP, Shanghai L&W Intellectual Property Law Office, Zhonglun W&D Law Firm and Shanghai Pudong Association for Investment & Financing on key legal issues faced by companies doing business in the U.S. We shared practical insights based on our deep experience and understanding of the complex legal and business issues facing Asia-based companies doing business abroad.

Perkins Coie LLP, Wispro Technology Consulting Corporation, and Fronteo Taiwan, Inc held a seminar "Legal and IP Issues in Cutting Edge Artificial Intelligence Industry and Markets"