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The Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), enacted in 1982, has provided ambiguous direction to courts and practitioners regarding the applicability of U.S. antitrust laws to conduct occurring wholly or partially in other countries.

On February 8, 2006, the California Supreme Court denied review of the California Court of Appeal’s decision in Eddins v. Redstone, 134 Cal. App. 4th 290 (2005). Eddins is significant for its rulings under the so-called "secret rebate" provision of California’s Unfair Practices Act ("UPA"), California Business and Professions Code section 17045.

The Commission added an example to section 240.7 of the Guides that illustrates the services and facilities covered by the Robinson-Patman Act.

The Court of First Instance (CFI) has upheld the European Commission’s decision against members of a carbonless paper price-fixing cartel, but reduced the fines imposed by the Commission on two cartel members. Carbonless paper, otherwise known as self-copying paper, is used to create duplicate documents.

On April 20, 2010, the US Federal Trade Commission ("FTC") released proposed revisions to the Horizontal Merger Guidelines ("Guidelines").

In the latest twist in the developing law regarding the preemptive scope of California's Uniform Trade Secrets Act (UTSA) a California federal court in Amron International Diving Supply, Inc. v. Hydrolinx Diving Communication, Inc. ("Amron") recently issued a decision reinvigorating the growing tension between courts addressing the issue of UTSA preemption – a tension that, unfortunately, is likely to continue into the foreseeable future.

LAW WATCH® is now Legal News...a modern approach to delivering the same cutting-edge thought-leadership you've come to expect from Foley.

On November 4, 2010, the Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") announced the simultaneous resolution of seven investigations related to the Foreign Corrupt Practices Act ("FCPA") – an unprecedented event in FCPA enforcement.

On June 5, 2018, the Federal Trade Commission conditionally approved Northrop Grumman's acquisition of Orbital ATK.

On 21 January 2011, the Federal Trade Commission (FTC) released the annual jurisdictional adjustments for premerger notification filings made pursuant to Section 7A of the Clayton Act, known as the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), as well as for Section 8 of the Clayton Act.

The recent issuance of frequently asked questions and interpretive answers by the SEC's Division of Trading and Markets clarifies a "disturbingly murky" area of the federal securities law.

Section 2706 of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 ("PPACA" or the "Act") authorizes physicians, hospitals and other health care providers to form Accountable Care Organizations ("ACOs") to work together to manage and coordinate care for Medicare beneficiaries for purposes of the Act's Medicare Shared Savings Program.

Our first post in this series was titled "What Is a Reverse Payment?"

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024.

On February 16, 2006, the Commission issued a final rule granting additional due process rights to those companies who are the subject of an operational audit.1 (Docket No. RM06-2-000.) Currently, if the Commission conducts an operational audit, and the audited person disagrees with the Commission’s decision, that person may seek a rehearing of the Commission’s order.

On January 12, 2015, the Supreme Court heard arguments in ONEOK, Inc. v. Learjet Inc., a case concerning the jurisdictional line between federal and state regulation of pricing conduct in the natural gas industry.

The Robinson-Patman Act has given rise to some truly awful court decisions that have created a seller-buyer environment of sometimes unforgiving price rigidity, as well as complex and difficult-to-comply-with principles about when and to whom sellers must offer price discounts and nonprice promotions.