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Administrative Agency Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.

Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Senator Schumer recommends Rohit Chopra to fill Democratic FTC seat

by Ballard Spahr LLP on

Numerous media sources have reported that Senate Minority Leader Chuck Schumer has recommended Rohit Chopra to fill the open Democratic seat on the FTC....more

ITC Section 337 – Quarterly Highlights

by Hogan Lovells on

The Trump Administration’s Potential Impact on ITC Section 337 Cases - Most project the Trump administration as less inclined toward continued patent reform, more pro-patent, and certainly more trade protectionist, than...more

ALJ Finds ITC Remedial Orders Unenforceable

by Jones Day on

We previously wrote about the uphill battle Respondent Eko Brands faced in an enforcement proceeding after it defaulted in the underlying investigation. The ALJ found during the proceedings that res judicata barred its...more

Health Update - April 2017

CMS Issues Self-Referral Disclosure Protocol for Stark Law Violations - On March 28, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a new voluntary self-referral disclosure protocol (SRDP) for disclosing...more

ITC Judge Takes Notice of PTAB Institution Denials

by Jones Day on

PTAB trials are nearly always (~ 4 out of 5) driven by some concurrent litigation need, either a district court complaint of infringement filed against the petitioner or an International Trade Commission (ITC) investigation...more

Mexico Courts Rule Telecom Agency's Interconnection Costs Model "Reasonable"

by Holland & Knight LLP on

Mexico's Telecom and Antitrust Federal Courts have issued three resolutions declaring that the model used by the Comisión Federal de Telecomunicaciones (COFETEL) for calculating interconnection costs for fixed and mobile...more

State aid: the former French financial support mechanism for solar radiative energy at risk

by White & Case LLP on

By an order dated 15 March 20171, the European Court of Justice (“ECJ”) rules on the compatibility with the European State aid rules of the Ministerial Orders of 10 July 2006 and of 12 January 2010 setting out the feed-in...more

IPRs Are Not Time Barred by an Earlier ITC Complaint

by Jones Day on

Since their introduction as part of the America Invents Act, Inter Partes Reviews (IPRs) have proven to be a powerful tool for parties accused on patent infringement. One important constraint on their deployment is a one year...more

ITC Section 337 Update – March 2017

by King & Spalding on

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

ITC Reschedules Oral Argument

by Jones Day on

As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

WTO Appellate Body Report: Russia – Pigs (EU)

by White & Case LLP on

Decision: The WTO Appellate Body has affirmed that the Russian Federation violated its WTO obligations by imposing an EU-wide ban on live pigs and pork products, in breach of the WTO Agreement on the Application of...more

FTC Grants Summary Judgment Against California Naturel, Inc. Falsely Advertising “All Natural” Sunscreen Products

In its opinion in In re California Naturel, Inc., the Federal Trade Commission held that the California Naturel, Inc. advertising promoting its “all natural” sunscreen on its website as containing “only the purest, most...more

Ad hoc Local Leniency Application Makes the Difference: The Italian Council of State Upholds the Administrative Court of Lazio...

by McDermott Will & Emery on

On 20 October 2016, the Italian Council of State (the “Council of State”) upheld the judgment of the Administrative Court of Lazio (“TAR”) on the cartel in the sector of international road freight forwarding to and from Italy...more

WTO Appellate Body Report: EU – Biodiesel (Argentina)

by White & Case LLP on

Decision: The WTO Appellate Body has delivered a mixed verdict in Argentina's challenge to EU anti-dumping measures on biodiesel. The Appellate Body rejected Argentina's claims that part of the EU Basic Regulation on...more

What is the FTC Doing About Privacy and Drones?

by Orrick - Trust Anchor on

Last week, as part of its Fall Technology Series, the Federal Trade Commission (“FTC”) hosted a much-anticipated workshop to explore the privacy concerns associated with drones. Although many in the audience hoped that this...more

FTC and DOJ Issue Proposed Updates to Antitrust Guidelines for Licensing IP

For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more

Trade & Manufacturing - News of Note - October 2016

by King & Spalding on

The WTO Opens Its Doors for the 15th Annual Public Forum - For the fifteenth time, the World Trade Organization (WTO) hosted its annual Public Forum in Geneva to provide a platform for an exchange of views among...more

FTC May Not Regulate Common Carrier Bandwidth Advertising for Fairness

by Taylor English Duma LLP on

A federal court ruling this week contributes to the confused state of which US agencies may regulate behavior of ISPs relating to the Internet. The Ninth Circuit has held that the Federal Trade Commission (FTC)—the nation's...more

U.S. Customs And Border Protection Releases Interim Regulations To Implement Enforce Act, Solicits Comments

by King & Spalding on

The Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) was signed into law on February 24, 2016. This comprehensive legislation includes the Enforce and Protect Act of 2015 (the “Enforce Act”), which creates a...more

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

New Rebar Anti Dumping Investigation May Carry Major Implications for Canada’s Construction Industry

by Dickinson Wright on

On August 19, 2016, the Canada Border Services Agency (“CBSA”) initiated an anti-dumping investigation into concrete reinforcing bar (also known as rebar) imported from Belarus, Chinese Taipei, Hong Kong, Japan, Portugal and...more

FTC Targets Brand Owner Policing Search Ad Keywords

by Klein Moynihan Turco LLP on

This Monday, the Federal Trade Commission (the “FTC” or “Commission”) commenced an administrative proceeding against 1-800 Contacts, Inc. (“1-800 Contacts”), alleging that the online contact lens retailer had entered into...more

The FTC Rules Against LabMD in On-Going Data Security Case

by Snell & Wilmer on

The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

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