Tag Archives: Bilal Sayyed

Do the Enforcement Choices Match the “America First” Antitrust Rhetoric?

by Bilal Sayyed

Bilal Sayyed (photo courtesy of Cadwalader, Wickersham & Taft LLP)

Gail Slater, the Assistant Attorney General for the Antitrust Division, Department of Justice, suggests that the antitrust leadership of both political parties “underenforced our century-old antitrust laws for several decades,” accepting “false economic theories of self-correction” of markets negatively impacted by anticompetitive conduct and dominant firms.  Gail Slater, The Conservative Roots of America First Enforcement (Apr. 28, 2025).  Federal Trade Commission Commissioner Mark Meador recently criticized “the monstrously swollen firms who’ve hollowed out communities, raised prices, distorted labor markets, corrupted the public square, or otherwise degraded quality across [the] economy.” “Antitrust enforcement is,” according to Meador, “one of the most powerful, economy-wide tools available for addressing” a “dehumanization of economic life” associated with “the size and power of the largest companies” that have “ballooned to unprecedented levels.” Mark Meador, Antitrust’s Populist Soul (Sept. 15, 2025). “Big is bad.” Mark Meador, Antitrust Policy for the Conservative (May 1, 2025).

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Federal Trade Commission Enforcement Action Suggests it Will Treat Employee Non-Competes as “Inherently Suspect”

by Bilal Sayyed

Bilal Sayyed (Photo courtesy of Cadwalader, Wickersham & Taft LLP)

The rule prohibiting the enforcement and use of employer-employee non-compete agreements (“Rule”) is dead. In September, the Federal Trade Commission (“FTC” or “Commission”) “took steps to dismiss its appeals in Ryan LLC v. FTC (5th Cir.) and Properties of the Villages v. FTC (11th Cir.) and to accede to the vacatur of the Non-Compete Clause Rule.” Federal Trade Commission Files to Accede to Vacatur of Non-Compete Clause Rule (Sept. 5, 2025).  The two appellate courts have granted the Commission’s requests for dismissal. Continue reading