Administrative Law, Civil Procedure, Antitrust & Trade Regulation

New FTC Commissioner Prioritizes Transparency in Enforcement

by Jarod Bona on 4/23/2013

New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more

ITC Section 337 Update - April 15, 2013

by King & Spalding on 4/19/2013

Commission Notice In 874 Investigation Directing Early Determination Whether NPE Complainant Satisfied Domestic Industry Requirement – On March 22, 2013, the Commission issued a Notice instituting Certain Products...more

High court scales back antitrust exemption

by Jarod Bona on 2/28/2013

This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities...more

Khasin v. Hershey: Unduly Narrowing the Preemptive Scope of Pom Wonderful

by Sedgwick LLP on 12/3/2012

As we have briefly explored, the Ninth Circuit has broadly construed Buckman implied preemption of state law claims pertaining to food, drugs, and medical devices, which are regulated under the federal Food, Drug, and...more

EU Commission Can Bring Follow-On Actions for Damages on Behalf of the European Union in Cartel Cases

by Louise-Astrid Aberg, Lionel Lesur, Philipp Werner | McDermott Will & Emery on 11/13/2012

On 6 November 2012, the Court of Justice of the European Union (CJEU) ruled that the European Commission was entitled to represent the European Union in an action for damages before national courts. The CJEU ruled that the...more

POM Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

by Jeff Ifrah on 10/11/2012

POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more

New FTC Rules Address Electronically Stored Information and Privilege Issues

by Miller Canfield on 10/1/2012

The Federal Trade Commission (FTC) promulgated revised rules concerning its investigative procedures, which take effect on November 9, 2012. Several changes concern the treatment of electronically stored information (ESI) and...more

In Agricultural Regulation, A "Flawed Rate" is Not a "Filed Rate" For Damage Purposes

by Sheppard Mullin Richter & Hampton LLP on 9/19/2012

Notwithstanding the general applicability of the Filed Rate Doctrine, the Ninth Circuit recently held that it does not necessarily bar producer class actions for overcharges. Whether a given rating authority has “rejected” a...more

ITC's Section 337 Proceedings Pique Congressional Interest

by Duane Morris LLP on 7/25/2012

The U.S. House, Senate and even a lone congressman are investigating changes to the U.S. International Trade Commission's (ITC) Section 337 proceedings. The U.S. House Judiciary Committee held a hearing on July 18, 2012,...more

In Time for Bikini Season, Kardashians Face Lawsuit Over Endorsement of Diet Aids

by Jeff Ifrah on 7/6/2012

Kim Kardashian, the reality star, is accustomed to the public eye, but now she faces a lawsuit that may not bring her good publicity at all. Along with her sisters Khloe and Kourtney, Kim has been named as a defendant earlier...more

ECJ Rules Access to Documents Can Be Denied on Basis of General Presumption That Disclosure Undermines Merger Control Proceedings

by McDermott Will & Emery on 7/5/2012

There is a general presumption that the grant of public access to documents relating to merger control proceedings would undermine the purpose of those proceedings. The Commission does not therefore have to carry out an...more

Private enforcement: An overview of EU and national case law

by White & Case LLP on 7/2/2012

2011 marked the ten year anniversary of the seminal Courage v. Crehan ruling of the Court of Justice, so it seems appropriate to take stock. In the last ten years there have been a lot of developments, indeed, a true...more

Sixth Circuit Uses Some Old Supreme Court Cases To Give Robinson-Patman Act New Life

by Mintz Levin - Antitrust on 6/28/2012

In Williams v. Duke Energy International, Inc., No. 10-3604 (6th Cir. June 4, 2012), the Sixth Circuit rejected a Rule 12(b)(6) challenge to a Robinson-Patman claim against Duke Energy for discriminatory pricing of retail...more

Texas Sues Google for Documents in Anti-Trust Probe

by Looper Reed & McGraw, P.C. on 6/22/2012

The Texas Attorney General has been investigating whether Google places its own products over competitors in violation of anti-trust rules. The Texas AG had not filed suit yet and technically still has not filed an...more

Fruit Juice Misbranding Claims Lose Their Lanham Act Bite

by Lane Powell PC - Food, Beverage and... on 6/11/2012

Food label lawsuits are often exercises in byzantine legal logic. This is so because of the peculiar interplay between preemptive federal food labeling laws and regulations on the one hand and federal and state unfair...more

China's Supreme Court Issues New Rules On Civil Cases Based On Monopolistic Conduct

by Sheppard Mullin Richter & Hampton LLP on 6/1/2012

On May 8, 2012, the Supreme Court of China issued new “Rules on the Application of Law on Civil Cases Concerning Monopolistic Conduct” (the “Rules”). The Rules clarify some of the questions concerning anti-monopoly cases...more

EU General Court Rules European Commission Wrong to Reject Summarily Claimants’ Requests for Access to Investigation Files

by McDermott Will & Emery on 5/31/2012

In its latest judgment on the issue of access to antitrust investigation files by third party claimants (EnBW Energie Baden-Württemberg v Commission [2012] T-344), the EU General Court has reminded the European Commission...more

Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case

by Jeff Ifrah on 5/23/2012

Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more

Ten Things to Do When Your Company Receives a DOJ Grand Jury Subpoena

by Howard Ullman on 5/9/2012

You have just received notice of a grand jury subpoena duces tecum from the Department of Justice Antitrust Division in connection with a price-fixing investigation. (The likelihood of doing so may be on the rise. In 2008,...more

The Sherman Act’s Increasingly Long Arm

by Morgan Lewis on 4/2/2012

Courts grapple with questions raised by the "inelegantly phrased" Foreign Trade Antitrust Improvements Act of 1982. As competition has become more global in nature, so too has the focus of U.S. antitrust enforcement. The...more

Advertising Law -- February 23, 2012

by Manatt, Phelps & Phillips, LLP on 2/27/2012

In This Issue: FTC Warns Background Check Mobile Apps Over FCRA Compliance You’re Out! False Ad Suit Filed Against Hall of Famer Court Dismisses “Percent Fat Free” Meat...more

DC Circuit Reaffirms Judicial Deference to an Administrative Agency’s Subpoena

by Bradley Arant Boult Cummings LLP on 2/20/2012

In a recent opinion, the DC Circuit re-affirmed the high hurdle a target of an agency subpoena must jump in order to limit or quash the subpoena. In 2009, the Federal Trade Commission (FTC) launched an investigation into...more

German Court Protects the Confidentiality of Leniency Submissions

by McDermott Will & Emery on 2/14/2012

In the wake of the seminal European Court of Justice (ECJ) ruling in case C-360/09 - Pfleiderer AG v Bundeskartellamt, Amtsgericht Bonn (Bonn local court), in a decision rendered on 18 January 2012 (case 51 Gs 53/09), has...more

An Excerpt From: K&L Gates Global Government Solutions® 2012: European Commission Addresses Due Process Concerns over EU Antitrust...

by K&L Gates LLP on 1/20/2012

The issuance by the European Commission of a new set of best practices in antitrust proceedings, as well as its attempt to reinforce the role of the hearing officer, have sparked up the debate about the European antitrust...more

Due process in competition cases: A step forward by the ECJ

by White & Case LLP on 12/13/2011

Introduction The unique features of the European Commission’s competition proceedings, where the Commission acts as investigator, prosecutor and maker of decisions on guilt or innocence, have long been controversial. Due...more

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Administrative Law › Civil Procedure › Antitrust & Trade Regulation