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A federal judge in Texas recently issued a nationwide injunction against the Federal Trade Commission’s rule banning most employee noncompetes. The injunction relieves employers from having to comply with the rule, meaning that employers can maintain noncompete agreements they have in place with employees. The FTC issued a statement indicating that it is considering its appeal options to remove the injunction, and noted that it remains able and willing to challenge the legality of noncompetes on a case-by-case basis, which was never in dispute.

The UK Government passed the long-awaited Digital Markets, Competition and Consumers Act (DMCC) on 24 May 2024.
The DMCC will bring radical change to the enforcement of consumer law in the UK, introducing new powers for the CMA to issue direct fines of up to 10% of global annual turnover for breaches. This spotlight series will focus on the substantive changes to consumer law introduced by the DMCC, and how it compares to the position in the EU.

The Italian Competition Authority (AGCM) has opened two investigations (PS12793 and PS12805) against two major luxury groups for alleged conduct in violation of Consumer Code rules in the promotion and sale of clothing items and accessories. According to the AGCM, in both cases, the companies may have made, in promoting their products, untrue ethical and social responsibility statements, particularly regarding working conditions and compliance with legal requirements at their suppliers.

Through Resolution No. 13/2024, the National Communications Authority (ENACOM) repealed certain resolutions that regulated the fixing of prices of information and communication technology services. Pursuant to Decree No. 302/2024, the National Executive Power deregulated ITC Services, modifying Argentine Digital Law No. 27,078 and repealing Decree No. 690/2020, which eliminated the power of ENACOM to regulate prices. The Resolution seeks to promote the expansion of services, fostering a more competitive environment in the ITC industry.

The Italian Competition Authority (AGCM) has opened two investigations (PS12793 and PS12805) against two major luxury groups for alleged conduct in violation of Consumer Code rules in the promotion and sale of clothing items and accessories. According to the AGCM, in both cases, the companies may have made, in promoting their products, untrue ethical and social responsibility statements, particularly regarding working conditions and compliance with legal requirements at their suppliers.

In recent years, competition law enforcement has intensified in key emerging markets with significant developments in other developing countries. It is vital for companies to remain compliant with applicable antitrust laws and continue their commercially independent behavior. In this webinar, we provided the latest key antitrust and competition developments for the past year in emerging markets in Europe, Middle East and Africa and strategized for what is on the horizon.

A federal judge in the Northern District of Texas has granted a preliminary injunction that partially enjoins the Federal Trade Commission’s (FTC) final rule on noncompete covenants. In sum, the judge found that “the Commission has exceeded its statutory authority in promulgating the noncompete rule” and noted that the “role of an administrative agency is to do as told by Congress, not to do what the agency thinks it should do”. Most notably, the court determined that the plaintiffs are likely to succeed on the merits of their challenge to the rule because the FTC lacks substantive rulemaking authority.

The General Authority for Competition (“Authority”) recently published its annual report for 2023. This latest annual report indicates an unprecedented level of activity by the Authority and confirms the magnitude of the enforcement actions taken by the Authority to ensure compliance of the Competition Law in Saudi Arabia.

On 28 May 2024, the Consumer Affairs Agency (CAA) announced that it had issued an order to pay an administrative fine (called a “surcharge” under Japanese law) in the amount of JPY 1,655,940,000 to the Chugoku Electric Power Company, Incorporated (“Chugoku Electric”) under Article 8, Paragraph 1 of the Act against Unjustifiable Premiums and Misleading Representations (“Act”). The CAA alleged in its order that Chugoku Electric had violated the Act by displaying advertising messages regarding household electricity rate plans on its website that appeared to be cheaper than they were in reality.