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Antitrust & Trade Regulation Updates

Read Antitrust & Trade Regulation news, updates, alerts, and legal analysis from leading lawyers and law firms.

What applies as of when? – When will the 9th amendment of the German Act against Restraints of Competition (GWB) apply?

by Hogan Lovells on

So it has begun. However, when will the new provisions of the 9th amendment of the GWB actually apply? Aside from a number of exceptions, the 9th amendment will come into force on the day following its promulgation. But, a...more

For the good of the consumer – consumer protection in the 9th amendment of the ARC

by Hogan Lovells on

Provisions on consumer protection account for only a small part of the 9th amendment of the German Act Against Restraints of Competition (ARC), which recently came into force. However, the introduction of the reform has led...more

FTC Challenges North Dakota Healthcare Provider Merger

by King & Spalding on

On Thursday, June 22, 2017, the Federal Trade Commission (“FTC”) and the North Dakota Attorney General filed a complaint challenging the merger of North Dakota providers, Sanford Health, Sanford Bismarck (together “Sanford”),...more

Online Trade Under Antitrust Scrutiny in EC's E-Commerce Sector Inquiry Final Report

by Jones Day on

On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for...more

OTA & Travel Distribution Update - June 16th, 2017

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the week ending June 16, 2017 is below. Several interesting stories this week... Price-Fixing Technology the Subject of EU Regulators [PARITY] - ("Enforcers Must...more

Lost in the woods? Special treatment for the press, cooperative and savings bank associations and the timber industry in German...

by Hogan Lovells on

Current legislative changes in the German Competition Act and the Federal Forest Act bring a set of new antitrust exemptions. We briefly present them in our blog...more

German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

by Jones Day on

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control...more

Closing the so called "Sausage gap" – Cartel fine procedures after the 9th amendment of the German Act against Restraints of...

by Hogan Lovells on

With the amendments to the cartel fine procedure introduced by the 9th amendment of the GWB the legislator intends a harmonization with EU-law and significantly extends the liability for cartel fines....more

ITC Issues Public Commission Opinion Clarifying Methodology for Allocating Domestic Industry Expenses and Issuing Exclusion Order...

On May 17, 2017, the International Trade Commission (ITC) reversed an ALJ’s ruling and found a violation of Section 337 in Certain Air Mattress Systems, Components Thereof and Methods of using the Same (“Certain Air Mattress...more

Suit Over Hospitals’ Alleged Anticompetitive Marketing Sent to Trial

Conspiracies between competitors can be hard to prove, even when other parties to the alleged conspiracy have settled. On May 31, 2017, a federal judge denied summary judgment and ruled that the Department of Justice (DOJ)...more

FSMA: What Every Food Industry Executive Should Do & Why

by Strasburger & Price, LLP on

With six of the seven rules implemented under the 2011 Food Safety Modernization Act (FSMA) currently being enforced, what should you know and do? Here are some considerations for facilities that manufacture, pack, process,...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

One-E-Way, Inc. v. ITC, Fed. Cir. Case 2016-2105 (June 12, 2017) - A divided panel reverses a determination of indefiniteness by the ITC, ruling that under Nautilus, the claim language, in combination with the...more

European Court of Justice Upholds Use of Evidence from Noncompetition Authority

by Jones Day on

The European Court of Justice ("CoJ") has upheld the European Commission's use of evidence transmitted by a national authority other than a Member State competition authority in a cartel investigation. The CoJ ruled on April...more

FTC Submits Comments on IoT Security

by Morgan Lewis on

The Federal Trade Commission (FTC) submitted public comments to the US Department of Commerce’s National Telecommunications and Information Administration (NTIA) in connection with the NTIA’s draft guidance on improving the...more

FTC Updates COPPA Guidance for Businesses

On June 21, 2017, the FTC updated its COPPA Compliance Guidance for businesses. The new guidance includes new descriptions of services and products covered by COPPA, and new methods for obtaining parental consent....more

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%...more

Digital is trump! – Market definition and new dominance criteria for digital markets

by Hogan Lovells on

On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC) entered into effect introducing important amendments for companies to German competition law (please see the highlights of the 9th...more

Pfizer Gets Second CRL On Proposed Epoetin Alfa Biosimilar

by Goodwin on

According to a Pfizer press release, the FDA has issued a second Complete Response Letter (CRL) to Pfizer in connection with the company’s aBLA for Retacrit, a proposed biosimilar of Epogen® and Procrit® (epoetin alpha)....more

FTC Releases Agenda And Panelists For Upcoming Military Consumer Financial Workshop

by Ballard Spahr LLP on

On July 19, the Federal Trade Commission will hold a workshop in San Antonio titled the “2017 Military Consumer Financial Workshop: Protecting Those Who Protect Our Nation.” The FTC has uploaded an agenda and list of...more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

by Kelley Drye & Warren LLP on

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would...more

Tips for Negotiating a Third-Party Subpoena in a Merger Investigation

Humana recently lost its effort to limit third-party discovery requests served by the Federal Trade Commission (FTC) in its ongoing Walgreens/Rite Aid investigation. Typically, negotiations over the scope of third-party...more

Mind the gap – New Size-of-Transaction Test in German merger control

by Hogan Lovells on

New German competition law: Germany takes a pioneering role in adapting its competition law to the digital economy (Part 1) - On 9 June 2017, the 9th amendment of the German Act Against Restraints of Competition (ARC)...more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

by Ballard Spahr LLP on

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more

EU Telecoms Regulation Based on Unilateral Market Power Would be Contrary to EU Law

The existing EU regulatory framework for electronic communications obliges the EU Member States to provide in their national laws for certain powers and responsibilities of national regulatory authorities (“NRA”), in...more

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