Antitrust & Trade Regulation Updates

Read Antitrust & Trade Regulation news, updates, alerts, and legal analysis from leading lawyers and law firms.
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StubHub to Ticketmaster: Don’t Block Our Sales

On March 29, 2015, StubHub, Inc. brought an antitrust action against the Golden State Warriors LLC (the “Warriors”) and Ticketmaster, L.L.C. (“Ticketmaster”), alleging that they monopolized the ticket resale market by forcing...more

Right to Criticize Gets a Bigger Public Platform on the Internet with the Introduction of .sucks Domains

The Internet Corporation for Assigned Names and Numbers, more commonly known as ICANN, has recently approved more than a thousand new general top-level domains (gTLDs), which are anticipated to launch over the next few years....more

DOJ’s Endorsement of IEEE Patent Policy Takes Center Stage at IP Antitrust Conference

On April 14 in Washington, DC, Global Competition Review hosted its Second Annual IP & Antitrust USA conference. The conference covered various hot topics being closely followed by IP antitrust practitioners, including (1)...more

National Roadmap for Health Data Sharing: FTC Advocates Preservation of Privacy and Competition

On April 1, 2015, the Office of the National Coordinator for Health Information Technology (ONC), which assists with the coordination of federal policy on data sharing objectives and standards, issued its Shared Nationwide...more

Legal and Regulatory Landscape for Mobile Health Technologies

Mobile health (mHealth) technologies continue to expand in application and implementation. Over the past decade, the breadth of these technologies has grown from the creation of healthcare-directed websites (think WebMD) to...more

Physician Non-Compete Agreements and Antitrust

Antitrust claims based on employee non-compete agreements generally fail because the plaintiff cannot establish antitrust standing. In the Eleventh Circuit, the test for antitrust standing requires the plaintiff show (1)...more

Cyber Legislation on the Move: Data Breach Bill Passes Out of Committee

As an extension of our forecast of upcoming cyber-related legislation, on April 15, the House Energy & Commerce Committee approved the Data Security and Breach Notification Act of 2015 (H.R. 1770), adopting three amendments...more

FCC Clarifies Lifeline Subscriber Usage Rules

On March 31, 2015, the FCC’s Wireline Competition Bureau (“Bureau”) released an Order clarifying subscriber usage rules of Lifeline-supported service established in the 2012 Lifeline Reform Order in an attempt to curb...more

The IoT scrutinized by Telecom regulator

€ 1.55 bn of revenues for the Internet of Things (IoT) in Italy shows a growing market, but the report from the Communications Authority stresses the need for regulatory changes to boost the sector....more

Second Circuit Hears Argument in People of the State of New York v. Actavis PLC

On April 13, 2015 the Second Circuit (Hon. Walker, Raggi, Droney) heard oral argument in People of the State of New York v. Actavis PLC. This case began in September 2014, when the New York Attorney General’s Office...more

Data Privacy and Security Insider Update - April 2015

Target Corp. announced yesterday that it has settled the claims of MasterCard International Inc. (MasterCard) against it to reimburse MasterCard and its card issuers for the losses it sustained in issuing new credit and debit...more

UPDATE: .SUCKS CEO SPEAKS

Following the publication of the article titled .SUCKS: A Questionable Future?, posted on April 13, 2015, the author received an unsolicited email from John Berard, CEO of Vox Populi Registry, Ltd. (“Vox”), the registry...more

FTC Scrutinizes Two Companies For Falsely Reporting Compliance With E.U. Safe Harbor In Privacy Policies

On April 7, 2015, the Federal Trade Commission (“FTC”) announced that two companies have agreed to settle claims that the companies failed to update their privacy policies to reflect lapsed compliance with the U.S.-E.U. and...more

FTC settles with two companies over misrepresentations of safe harbor compliance

The Federal Trade Commission (FTC) announced last week that it is settling investigations against American International Mailing, Inc. and TES Franchising LLC alleging that each were misrepresenting to consumers that they...more

EU Tells Google to Try Harder

It’s official: on Wednesday, in a formal Statement of Objections, the European Union’s antitrust chief formally accused Google of abusing its dominant position in the web search arena. The European Commission is focused on...more

FTC Settles with Technology Company for Allegedly Misleading Consumers about Refunds

On April 7, the FTC announced a proposed settlement of an administrative complaint alleging that a web hosting provider violated the Federal Trade Commission Act. According to the press release, the company offered web...more

Third Circuit Remands Class Certification Ruling in Blood Reagents Price-Fixing Case

On Wednesday, April 8, 2015, the Third Circuit Court of Appeals vacated a district court’s order certifying a class of direct purchasers of blood reagents in a price-fixing suit against Ortho-Clinical Diagnostics Inc. In re...more

Third Circuit Weighs In On Application Of Daubert At Class Certification Stage

Since the Supreme Court’s decision in Comcast v. Behrend, 113 S. Ct. 1426 (2013) courts evaluating expert testimony at the class certification stage may not simply accept that testimony at face value. The Supreme Court did...more

Seventh Circuit Upholds Dismissal of Text Messaging Price-Fixing Claims

On Thursday, April 9, 2015, the Seventh Circuit affirmed the district court’s grant of summary judgment for AT&T Mobility LLC, Verizon Wireless LLC, T-Mobile USA Inc. and Sprint Corp., in a text messaging price-fixing...more

EU antitrust authorities to take value of personal data into consideration when reviewing digital markets in merger and antitrust...

In an interview on 9 April 2015, European Competition Commissioner Margrethe Vestager indicated that companies who control personal data could come under increased scrutiny from European antitrust authorities. She recognises...more

Fit (Not) to Be Tied: Three Tricky Questions Every Company Must Ask When Selling Discounted Bundles of Products

From corner taco stands to corner offices, the discounted product bundle is ubiquitous. McDonald’s offers Extra Value Meals. Microsoft offers Office. Morgan Stanley offers Prime Brokerage. Like countless companies, these...more

DOJ Announces Real Estate Investor’s Guilty Plea to Foreclosure Bid Rigging and Fraud Conspiracies

On April 2, the DOJ announced a guilty plea by a Northern California real estate investor to charges of bid rigging and fraud conspiracy at foreclosure auctions in violation of the Sherman Act. The charges are the outcome of...more

Impact of FTC's Broadened Scope Creeping In On Your E-Business

For retailers who have eBusiness lines, the Federal Trade Commission’s (“FTC”) new regulations will affect the way you do business. The amendments in 16 C.F.R. §435 went into effect December 8, 2014. Has your business made...more

Federal Trade Commission and Department of Justice Hold Joint Workshop on Payment Models and Competition Within the Health Care...

On February 24-25, 2015, the Federal Trade Commission (“FTC”) and Antitrust Division of the Department of Justice (“DOJ”) co-hosted a second public workshop as part of the “Examining Health Care Competition” series to study...more

Has Your Website’s EU Safe Harbor Expired?

FTC proposes twenty-year compliance program for two companies that have settled charges that they misrepresented that they are currently compliant with the US-EU Safe Harbor Framework. Does your company rely on the US-EU Safe...more

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