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In hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783, 2019 WL 4251889 (9th Cir. Sept. 9, 2019), a Ninth Circuit panel affirmed the district court’s grant of a preliminary injunction in favor of hiQ, which prohibited LinkedIn from denying access to publicly available data on LinkedIn profiles. The Ninth Circuit declares that selectively banning potential competitors from accessing and using public data “may well be considered unfair competition under California law.” This decision that could…
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The new thresholds have increased the dollar amount required to trigger HSR notification for both the size-of-transaction test and the size-of-person test. Members of our Antitrust & Competition Team describe the implications in our recent alert.…
Recently, the DOJ has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements, in which companies agree not to hire or solicit each other’s employees. Interestingly, in February of this year, the DOJ filed Statements of Interest in several civil antitrust cases brought against franchisors, taking the position that the no-poach agreements at issue in those cases were not per se unlawful and should be analyzed under the more…