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  • Article

    Major Revisions To HSR Form Adopted By U.S. Agencies

    On July 7, 2011, the Federal Trade Commission and the Antitrust Division of the Department of Justice (the "Agencies") announced the adoption of long-awaited revisions to the Hart-Scott-Rodino Premerger Notification and Report Form ("HSR Form").
    United StatesAntitrust/Competition Law
    Hughes Hubbard & Reed LLP
    Hughes Hubbard & Reed LLP
  • Article

    Recent Civil Penalty For Failure To Comply With Hart-Scott-Rodino Act Highlights Need To Be Vigilant Regarding Reporting Thresholds

    On May 21, 2007, the Federal Trade Commission (FTC) announced a $250,000 civil penalty against James D. Dondero, the ultimate parent of hedge fund Highland Capital Management, L.P. (Highland) for violating the Hart-Scott-Rodino Antitrust Improvements Act of 1976 as amended (HSR Act).
    United StatesAntitrust/Competition Law
Foley & Lardner LLP
Foley & Lardner LLP
  • Article

    Seventh Circuit Affirms Dismissal Of Motorola’s LCD Antitrust Claims Based On Foreign Purchases

    In the latest major development in Motorola Mobility’s price-fixing lawsuit, the Seventh Circuit granted Motorola’s petition for interlocutory appeal.
    United StatesAntitrust/Competition Law
    Sheppard
    Sheppard
  • Article

    Sixth Circuit: "Single-Network" Hospitals Not Exempt From Section One Scrutiny

    On March 22, 2016, the U.S. Court of Appeals for the Sixth Circuit allowed a claim to proceed under § 1 of the Sherman Act against four hospitals acting as a single network under a joint operating agreement.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Will Recent Court Approval Of Computer-Assisted Document Review Spur Acceptance In Antitrust Investigations?

    Despite the increasing burden of e-discovery, private litigants and parties before the U.S. antitrust agencies have been cautious about embracing new e-discovery technologies to assist in identifying what documents are responsive to discovery or government requests.
    United StatesAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    FTC Announces ​“Made In The USA” Sweep

    The Federal Trade Commission has launched enforcement actions against three companies for allegedly misleading consumers about the domestic origin of their products...
    United StatesConsumer Protection
    Kelley Drye & Warren LLP
    Kelley Drye & Warren LLP
  • Article

    Trump Administration Launches Probe Of Steel Imports Under Trade Expansion Act

    Invoking statutory authority not used in almost two decades, President Trump on April 20, 2017, directed the DOC to conduct an investigation into the effects of steel imports on U.S. national security.
    United StatesInternational Law
    Akin
    Akin
  • Article

    Dairy Queen Accused Of Blizzard Snow Job

    Oregon resident Mariel Spencer claims to have downloaded International Dairy Queen's official smartphone app, which offered her a pleasant surprise...
    United StatesLitigation, Mediation & Arbitration
    BakerHostetler
    BakerHostetler
  • Article

    Google Domination: How Big Is Too Big On The Internet?

    Once upon a time, at the dawn of the commercial Internet age, people regularly gained accessed to the Web via AOL, CompuServe, and Prodigy.
    United StatesMedia, Telecoms, IT, Entertainment
    Duane Morris LLP
    Duane Morris LLP
  • Article

    A Sovereign Thumb On The Scale – Appeals Court Defers To China's Interpretation Of Its Own Laws To Dismiss Antitrust Suit

    The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers.
    United StatesAntitrust/Competition Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Does What Happens Outside The U.S. Stay Outside The U.S.?

    As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law:
    United StatesAntitrust/Competition Law
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Federal Court Provides New Guidance on Secret Payments Under California Unfair Practices Act

    A federal district court has provided new guidance on how California’s Unfair Practices Act treats secret payments and rebates a manufacture offers to only some purchasers.
    United StatesAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    FTC Continues Aggressive Posture On Reverse Payment Settlement Agreements With Reference To Disgorgement

    The FTC reaffirmed its intention aggressively to pursue reverse-payment patent settlement agreements in the pharmaceutical industry.
    United StatesAntitrust/Competition Law
    Hogan Lovells Cadwalader
    Hogan Lovells Cadwalader
  • Article

    FTC Settles Price-Fixing Charges With San Francisco Bay Area Physician Group

    On June 4, 2009, the Federal Trade Commission (FTC) accepted, subject to final approval, a proposed consent order with Alta Bates Medical Group, Inc. (Alta Bates).
    United StatesAntitrust/Competition Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Has Antitrust Enforcement Been ‘Reinvigorated' Under Obama?

    In the 2008 presidential election campaign, then-candidate Barack Obama promised to "reinvigorate" antitrust enforcement. Over the last few years, several observers have concluded that the Obama administration's antitrust record is not substantially different from that of his predecessor.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Where's the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

    A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. ("Goya").
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    North Carolina Court Issues First Decision Controlling Coop Pole Attachment Rates

    The cable industry finally obtained some control over skyrocketing pole attachment rates charged by cooperative utilities in North Carolina.
    United StatesMedia, Telecoms, IT, Entertainment
    Sheppard
    Sheppard
  • Article

    LabMD Attempt to Overturn FTC Decision Declared an Unripe Claim

    As far as disputes between administrative agencies and investigated companies, this one has gotten particularly public and ugly.
    United StatesPrivacy
    Holland & Knight
    Holland & Knight
  • Article

    D.C. Circuit Upholds U.S. FTC Subpoena In Investigation Into Bundling And Exclusionary Practices

    A unanimous panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a district court decision enforcing the Federal Trade Commission’s administrative subpoena and civil investigative demand in an ongoing FTC investigation.
    United StatesAntitrust/Competition Law
    Jones Day
    Jones Day
  • Article

    FTC Final Negative Option Rule: Changes And Impacts

    Following a multiyear process that was initiated in 2019 and considered thousands of public comments, on October 16, 2024, the Federal Trade Commission (FTC) ...
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
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