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Antitrust & Trade Regulation Updates

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

QVC/HSN :: A Deal You Probably Weren’t Thinking About

by Kelley Drye & Warren LLP on

On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own. More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Colorable Difference Test Not Applicable to CDO Sanctions

by Jones Day on

A recent ITC enforcement decision highlights the importance of redesigns as an effective strategy for Respondents at the ITC....more

FTC Chronicle: “Lessons Learned” from the Agency’s Data Breach Investigations

The Federal Trade Commission (FTC) – often criticized for not providing clear guidance as to what the agency considers reasonable data security – announced on Friday that it would publish a weekly blog discussing “lessons...more

“No Shop” Clause Radioactive for Merger’s “Failing Firm” Defense

by Mintz Levin on

Last week a Delaware federal district court unsealed its earlier opinion blocking the merger of two radioactive waste disposal companies. The court rejected the parties’ failing firm defense, citing the merger agreement’s “no...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

Implementation of the EU Competition Damages Directive in Belgium

by White & Case LLP on

The Belgian legislature has finally implemented the EU Competition Damages Directive, introducing a new framework that will facilitate injured parties in litigating their competition damages claims before the Belgian courts....more

A gas station hold-up: the Competition Bureau completes its review of Couche-Tard and Parkland transactions

by Dentons on

In its latest move in the closely-monitored retail gasoline sector, the Competition Bureau (Bureau) has entered into a pair of consent agreements with Alimentation Couche-Tard (Couche-Tard) and Parkland Fuel Corporation...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report (Dutch)

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

EU & Competition Update: Developments in regulating e-commerce, a quick tour of the European Commission’s final report

by Dentons on

In order to make the EU’s single market fit for the contemporary digital age, the European Commission adopted in 2015 the ‘digital single market strategy’. One of the three pillars of this strategy is to achieve better access...more

Merck Receives Tentative FDA Approval for Lantus Follow-on

by Goodwin on

On July 20, 2017, Merck & Co. announced that the FDA granted tentative approval of its 505(b)(2) application for Lusduna™ Nexvue™ (insulin glargine injection), its follow-on version of Sanofi SA’s Lantus. Merck’s product...more

Russia Introduces New Definition and Obligations for Audiovisual Service Owners

by Latham & Watkins LLP on

The Federal Law No. 87-FZ of May 1, 2017, on Amendments to the Federal Law on Information, Information Technologies, and Information Protection (the Law) came into force on July 1, 2017. The Law introduces the definition of...more

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

The Turn of the “Made in America” Claim Enforcement

It has recently been reported by Reuters that President Donald Trump is looking for ways to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products unfairly sporting...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

FTC Enforcement And Why It’s Important

by Fox Rothschild LLP on

Fraud, deception, and unfair business practices are problems all companies and consumers are bound to come across. That is where the Federal Trade Commission (“FTC”) comes in. The FTC enforces federal consumer protection...more

Second Circuit Hands Government a Major Setback in LIBOR Fraud Case

by Bryan Cave on

On July 19, 2017, the United States Court of Appeals for the Second Circuit issued a decision that could impact prosecutions of corporate employees that result from multi-jurisdictional investigations, such as those involving...more

The Advance of UK Antitrust Class Actions

by McGuireWoods LLP on

Brussels-based antitrust partner Matthew Hall brings us an update on two ongoing UK antitrust class actions and one on the horizon. Antitrust class actions in the UK are beginning to take hold before the specialist...more

FTC Announces Reforms to Civil Investigative Demands

by Arnall Golden Gregory LLP on

The Federal Trade Commission (FTC) recently announced reforms to its internal processes to streamline information requests and improve transparency in Commission investigations. Quick tutorial — the FTC may issue Civil...more

What Will Your Social Media Influencer Letter from the FTC Look Like?

by Kelley Drye & Warren LLP on

We have blogged about the FTC’s barrage of letters when they were originally released in April and again last week. Back in May, in response to a Freedom of Information Act request by the National Law Journal, the FTC...more

FTC Warns 11 Companies Over Made in USA Claims

by Reed Smith on

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With...more

FTC Continues to Implement Reform Agenda; Aims to Reduce Burdens of and Improve Transparency in Commission Investigations

by Saul Ewing LLP on

The Federal Trade Commission (FTC or the Commission) announced a wave of reforms this week in line with Acting Chairman Maureen K. Ohlhausen’s mission to “aggressively” implement a Trump administration directive aimed at...more

FTC Announces Improvements to its Investigation Process

by Ballard Spahr LLP on

On July 17th, the Federal Trade Commission (FTC) announced reforms to its civil investigative demand (CID) process designed to streamline information requests and improve transparency in FTC investigations.  The process...more

Lidoderm Plaintiffs Survive Class Certification in Pay-for-Delay Suit

by McDermott Will & Emery on

The US District Court for the Northern District of California certified classes of direct purchasers and end-payers in a pay-for-delay multidistrict litigation involving Lidoderm. In re Lidoderm Antitrust Litigation, Case No....more

THE LATEST: Federal Judge Blocks Merger of Nuclear Waste Disposal Companies Rejecting “Failing Firm” Defense

by McDermott Will & Emery on

On June 21, 2017, US District Judge Sue L. Robinson blocked EnergySolutions, Inc.’s proposed acquisition of Waste Control Specialists LLC (WCS), applying a strict standard for the “failing firm” defense to a merger challenge....more

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