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  • Article

    Judicial Scrutiny Of Arbitration Clauses Under Concepcio

    Two recent federal appellate decisions demonstrate the limits of last year’s Supreme Court decision in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011).
    United StatesAntitrust/Competition Law
    Venable LLP
    Venable LLP
  • Article

    Antitrust Enforcement Agencies Propose Revised Horizontal Merger Guidelines

    On April 20, 2010, the Federal Trade Commission (FTC) released for public comment a proposed updated version of the "Horizontal Merger Guidelines" ("Guidelines"), which explain how the FTC and the Antitrust Division of the U.S. Department of Justice (collectively, the "Agencies") evaluate the impact on competition of a proposed merger when determining whether to challenge the merger under U.S. antitrust law.
    United StatesAntitrust/Competition Law
    Duane Morris LLP
Duane Morris LLP
  • Article

    FTC Testimony Underscores Agency's Views On Certificate-Of-Need Laws And Competition In Health Care Markets

    Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC's views on certificate-of-need (CON) laws and to support the repeal of such laws in Alaska.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Dentons
    Dentons
  • Article

    The Third Circuit Clarifies The Robinson-Patman Act’s "Competing Purchaser" Requirement

    The Third Circuit recently reversed a district court’s judgment in favor of a plaintiff under the federal price discrimination statute, the Robinson-Patman Act (RPA), 15 U.S.C. § 13, concluding that the RPA does not apply where any competition between the plaintiff and the purportedly favored purchaser occurred "before" the allegedly discriminatory sale by the manufacturer took place.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Is "Plausibility" a Rorschach Test? The Fourth Circuit's Divided Opinion on Twombly's Motion to Dismiss Standard

    A recent Fourth Circuit cases demonstrates the inherently subjective nature of the "plausibility" standard used to evaluate a motion to dismiss under Rule 12(b)(6).
    United StatesAntitrust/Competition Law
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    UK Competition Commission Explains its Approach to Remedies

    On 26 November 2008, the UK Competition Commission (“CC”) published new guidelines to explain its approach to the selection and implementation of remedies in merger inquiries referred to it by the Office of Fair Trading (“OFT”) under sections 22 or 33 of the Enterprise Act 2002 (“the Act”).
    European UnionAntitrust/Competition Law
    Mayer Brown
    Mayer Brown
  • Article

    Inside Competition: October 2026

    Major antitrust developments from September 2026 include DOJ's substantial remedies against Google in ad tech monopolization, FTC action on interlocking directorates in firearms manufacturing...
    GlobalAntitrust/Competition Law
    DLA Piper
    DLA Piper
  • Article

    Antitrust Alert: Second Circuit’s Expansive Application of Recent Supreme Court Antitrust Jurisprudence Eases Burden on Defendants

    In recent years, in cases involving the telecommunications industry, the Supreme Court has narrowed substantially the situations where an alleged monopolist has an obligation to deal with competitors and where allegations of parallel conduct are sufficient to state an antitrust claim.
    United StatesAntitrust/Competition Law
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Basic HSR Threshold To Rise To $70.9 Million

    The Federal Trade Commission (FTC) has announced revised thresholds for merger notifications under the Hart-Scott-Rodino (HSR) Act.
    United StatesAntitrust/Competition Law
    WilmerHale
    WilmerHale
  • Article

    Hart-Scott-Rodino Thresholds Continue To Rise Based Upon Annual Indexing

    The Federal Trade Commission announced on January 16, 2007 revised thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. §18a) ("the HSR").
    United StatesAntitrust/Competition Law
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Sowing Uncertainty: Navigating Patent Disputes And Antitrust Scrutiny Post King Drug

    On June 26, 2015, the Third Circuit issued an opinion in King Drug Co. of Florence, Inc. v. Smithkline Beecham Corp., (Case No. 14-1243).
    United StatesAntitrust/Competition Law
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Supreme Court Limits Availability of State Action Immunity from Federal Antitrust Liability

    The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is disfavored, and local governmental, quasi-public and private entities can only qualify for the immunity under certain specific conditions.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    "Reasonable" Data Security: The FTC's Guideposts For Employers

    The ruling by an administrative judge that the FTC must testify about the data security standards it uses generated intense interest among data security professionals.
    United StatesEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    Not So Wonderful: What The Food Industry Can Learn From Pom's Faulty Health Claims

    In today's health-conscious environment, consumers are more attuned to the food, beverages, and dietary supplements they use.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Trends in Compulsory Licenses in Greater China

    Greater China, including mainland China and Taiwan, has long been eyed for its opportunities to reach an almost untouched billion person consumer base. Not surprisingly, a number of U.S. and multinational companies have entered the Greater China market.
    United StatesIntellectual Property
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
    Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • Article

    Interlocutory Appeals of Denials of Motions to Dismiss in the Wake of Twombly: A New Option for the Defense?

    In a decision more critical for procedure than its end result, the United States Court of Appeals for the Seventh Circuit considered, and ultimately rejected, an interlocutory bid by Verizon Wireless LLC, AT&T Mobility LLC, Sprint Nextel Corp., and T-Mobile USA Inc. — who allegedly control 90% of the U.S. text messaging market — to dismiss a putative class action alleging that they conspired to fix text message prices.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    CAFTA: New Rules, New Opportunities

    CAFTA presents new opportunities for U.S. companies. The article discusses some of CAFTA's key provisions on customs, investment and government procurement.
    United StatesInternational Law
    Sidley Austin LLP
    Sidley Austin LLP
  • Article

    A New Telecoms Code For Europe

    The European Commission has proposed an ambitious overhaul of EU telecoms rules.
    European UnionMedia, Telecoms, IT, Entertainment
    Jones Day
    Jones Day
  • Article

    U.S. Ramps Up Criticism Of China’s Enforcement Of Its Antitrust Laws Against Foreign Companies

    For some time, many in the antitrust community have expressed concerns about how China is enforcing its antitrust laws against foreign companies.
    United StatesAntitrust/Competition Law
    Orrick
    Orrick
  • Article

    FTC Issues Another Favorable Clinical Integration Program Advisory Opinion

    The Federal Trade Commission Bureau of Competition stated that it has no present intention to recommend that the FTC challenge a clinical integration program proposed by Norman Physician Hospital Organization.
    United StatesAntitrust/Competition Law
    McDermott Will & Emery
    McDermott Will & Emery
  • Showing 821–840 of 984 results

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