September 23, 2023

Volume XIII, Number 266


September 22, 2023

Subscribe to Latest Legal News and Analysis

September 21, 2023

Subscribe to Latest Legal News and Analysis

September 20, 2023

Subscribe to Latest Legal News and Analysis

A 20-Year Consent Order Prohibiting the Use of Non-Compete Agreements – Antitrust Byte

On June 2, 2023, the Federal Trade Commission (FTC) announced that it finalized a consent order with Anchor Glass Container Corp. (“Anchor Glass”).

This consent order follows the FTC’s administrative complaint, filed in March 2023, against Anchor Glass and its controlling owners (the “Respondents”). The FTC’s complaint alleged that Anchor had entered into non-compete agreements with more than 300 employees and that these non-compete agreements were unfair and had the “tendency or likely effect of harming competition, consumers, and workers . . . .” 

The consent order is effective for a period of 20 years and requires the Respondents to “cease and desist from, directly or indirectly, entering or attempting to enter into, maintaining or attempting to maintain, enforcing or attempting to enforce, or threaten to enforce” any non-compete agreement for any of the 139 Anchor employee classifications identified by the FTC. The consent order also requires the Respondents to provide an FTC-approved notice letter to each employee, stating that the employee is not subject to a non-compete provision.

In addition, for a period of 10 years, the Respondents must provide notice of the order to officers and directors, as well as employees involved in the hiring process, and submit annual compliance reports. The Respondents also have an affirmative obligation to notify the FTC of any change in any dissolution, acquisition, merger, or consolidation of any of the Respondents.


©2023 Epstein Becker & Green, P.C. All rights reserved.National Law Review, Volume XIII, Number 160

About this Author

John Steren, Epstein Becker Law Firm, Health Care Litigation Attorney

E. John Steren is a Member of the Firm in the Health Care & Life Sciences and Litigation & Business Disputes practices, in the Washington, DC, office of Epstein Becker Green. Mr. Steren devotes a significant portion of his practice to helping health care organizations manage the antitrust risks of joint ventures and other business arrangements. He also focuses his practice on other complex commercial and civil litigation matters.

Jeremy R. Morris Columbus Antitrust Attorney Epstein Becker Green
Member of the Firm

Jeremy Morris is a health care attorney and trusted antitrust counselor with Epstein Becker Green's Columbus office.  He advises his clients on how federal and state antitrust laws impact business, especially in the health care industry. Clients value his practical, solution-oriented advice, which helps them achieve their business goals.

Jeremy provides counsel to clients on antitrust issues that arise in the context of mergers, joint ventures, and provider integration. He also assists clients with Hart-Scott-Rodino filings, designs FTC-...

Patricia M. Wagner, Epstein becker green, health care, life sciences

PATRICIA M. WAGNER is a Member of the Firm in the Health Care and Life Sciences and Litigation practices, in the firm's Washington, DC, office. In 2014, Ms. Wagner was selected to the Washington DC Super Lawyers list in the area of Health Care.

Ms. Wagner's experience includes the following:

Advising clients on a variety of matters related to federal and state antitrust issues 

Representing clients in antitrust matters in front of the Federal Trade Commission and the United States Department of...