United States: DOJ & FTC – New Antitrust Guide
in short On January 16, 2025, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) replaced the 2016 Antitrust Guide for HR Professionals. The new guidelines now are titled “Anti-trust Guidelines for Business Activities Affecting Workers”1reiterate the main points of the 2016 Code. Fixed wages and no poaching agreements remain illegal, and sharing wage information may violate antitrust laws. However, the new guidelines identify many other agreements and practices that may violate antitrust laws, including agreements with employment restrictions, non-competition clauses, over-wide non-disclosure agreements (NDAS) (NDAS) and other employment restrictions protocol. The new guide also explicitly states that they apply to agreements that affect independent contractors, including performing workers. The inclusion of independent contractors is in line with the latest FTC policy statement, which expands antitrust exemptions to unions and expands collective bargaining to independent and performing workers. The new guide echoes the main points of the 2016 guide: Fixed wages and no currency agreements: Determine workers’ wages…
United States: Updated Guidance from the Department of Justice’s Antitrust Division
in short On November 12, 2024, the U.S. Department of Justice’s Antitrust Division updated its Evaluation of Corporate Compliance Programs (ECCP) in criminal antitrust investigations.1 New additions include guidance such as using "managers at all levels" to "set the tone from the middle" by "demonstrating to employees the importance of compliance" and establishing policies that consider using "ad hoc messaging or non-company approaches". Communication, "applied" data analysis tools. . . Compliance and Monitoring" and engaging compliance staff in the "deployment of artificial intelligence and other technologies to assess the risks they may pose." Additionally, ECCP will now apply it to civil investigations. The department's update reiterates that enactment The need for strong compliance policies, if properly designed, should prevent and detect potential misconduct under antitrust laws. Companies should work with counsel to review their current compliance policies and make necessary updates. content go deep Artificial Intelligence and Technology communication channels management and culture Monitoring and reporting Applicable to civil antitrust…
Saudi Arabia’s major antitrust developments and competition trends
author Mohamed Elfar Mohamed (“Mo”) advises multinational companies across a wide range of industries on antitrust, competition and trade law. In the area of antitrust and competition law, he has worked on cartels, price fixing, market segmentation, and abuse of dominance and compliance issues. Mo also works extensively on trade disputes related to customs, dumping and safeguards. Mo has additional expertise advising clients on compliance, including in the areas of anti-bribery, compliance investigations, surprise inspections and unfair competition. He assists with regulatory approvals for mergers and acquisitions and advises on related competition law compliance issues. Mo joined Baker McKenzie in 2014 as a senior associate in the Cairo office and has served as an associate in Baker McKenzie’s Toronto office (only admitted to practice in Egypt), advising and representing clients. He previously worked in the firm’s London office, where he was responsible for investigations and merger filings before the EU Competition and Trade authorities. Mo has also worked as a…
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