Antitrust & Trade Regulation Administrative Agency

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FTC sued by blogger to release data security guidelines

The Federal Trade Commission (FTC) was sued this week by Philip Reitinger, a fellow blogger and former Deputy Undersecretary of the Department of Homeland Security. He is now President of VisionSpear LLC, an information...more

State Regulatory Scheme Offering Antitrust Immunity to Healthcare Collaborations Creates Tension Between Federal and State...

On April 22, 2015, the Federal Trade Commission submitted a public letter to the New York State Department of Health (DOH) expressing “strong concerns” over state regulations offering to provide antitrust immunity to certain...more

Claims about Biodegradable Plastics Breakdown Under FTC Scrutiny: Marketers Beware!

In the recent administrative proceeding before the Federal Trade Commission (FTC) against ECM Biofilms, Inc. (ECM), the FTC’s presiding chief administrative law judge (ALJ) ruled that the plastics additive manufacturer ECM...more

California Supreme Court Scrutinizes Reverse Payment ANDA Settlements

In In Re Cipro Cases I & II, the California Supreme Court laid out a four-part rule of reason analysis for evaluating ANDA settlements that involve a reverse payment to the generic challenger (also referred to as “pay for...more

Recent Court and Agency Actions Suggest Increased Antitrust Risk Over Disgorgement, Particularly in the Pharmaceutical Industry

Recent court and agency rulings highlight important takeaways involving disgorgement in antitrust proceedings. Companies, especially those in the pharmaceutical industry, increasingly should ensure they properly calibrate...more

CFPB and FTC Announce Settlement with National Mortgage Servicing Company

On April 21, the CFPB and the FTC announced a joint enforcement action against a national mortgage servicing company, ordering the company to pay roughly $63 million in relief and penalties for allegedly mishandling home...more

Supreme Court Finds No Pre-emption in Natural Gas Act Case

The U.S. Supreme Court recently held in ONEOK Inc. v. Learjet, Inc., that the Natural Gas Act (NGA) does not pre-empt state-law antitrust suits over manipulation of natural gas indices. The court’s decision has important...more

LabMD Litigation Updates

We have been following this case closely. On April 16, the administrative law judge in the FTC v. LabMD case denied LabMD’s request to exclude the FTC from introducing new evidence into the proceeding regarding how Tiversa...more

Justices Spar Over Pre-Emption as High Court Allows State Law Antitrust Claims to Proceed Against Interstate Pipelines

On April 21, 2015, in a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court ruled that state law antitrust claims brought against interstate pipeline companies by a group of manufacturers and other retail buyers...more

ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

FTC Finalizes First Privacy Settlement Against a Retail Tracking Firm

In a first-of-its-kind enforcement action, the Federal Trade Commission (FTC) on Thursday voted along party lines to settle deception allegations against Nomi Technologies (Nomi), a company whose technology allows retailers...more

FTC Settles Radioactive Allegations Against Cardinal Health with a Near Record-Breaking Disgorgement Agreement

In a 3-2 decision, as part of its aggressive antitrust enforcement in health care industries, the Federal Trade Commission (FTC or the Commission) announced that Cardinal Health, Inc. (Cardinal) agreed to pay $26.8 million to...more

FTC Seeks to Secure First Disgorgement in Nearly a Decade

The FTC announced yesterday that Cardinal Health, Inc. (“Cardinal”) has agreed to pay $26.8 million to resolve its investigation into the company’s alleged anticompetitive behavior. If approved by a federal court, the...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

Open Season on Provider-controlled Licensing Boards

In a closely followed decision with significant consequences for state licensing boards and their members, the Supreme Court in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S. Ct. 1101...more

Harper Review - Implications for wholesale electricity markets

The Final Harper Competition Policy Review Report (Harper Review) was released on 31 March 2015. We set out below the key potential implications for wholesale electricity markets....more

Harper Review Panel only goes half way for insurers

In its final report released on 31 March 2015, the Competition Policy Review Panel (chaired by Professor Ian Harper) has maintained some of the draft competition policy recommendations that were supported by insurers, but did...more

Focus on Regulatory Law - March 2015

REGULATORY AUTHORITIES - FRENCH COMPETITION AUTHORITY – TDF fined for anti-competitive practices: In a 2009 opinion issued at the request of the French regulator for electronic and postal communications (ARCEP)...more

LabMD files Motion to Exclude Exhibits as it gears up for May 5th hearing with FTC

The litigation between LabMD and the FTC is not mellowing. Last week, LabMD filed a Motion to Exclude the FTC’s admission of all Tiversa documents during the FTC administrative hearing scheduled for May 5th....more

While FDA’s Proposed e-Cigarette Rule is Pending, FTC Mulls Enforcement Action

Ahead of finalizing FDA’s tobacco products “deeming” rule, the FTC considers taking enforcement action against e-cigarette firms for violative advertising, marketing, and sales practices....more

FTC Rule Change Simplifies Process Following a Denial of a Preliminary Injunction Motion

On March 14, 2015, the Federal Trade Commission (FTC) announced procedural revisions governing the FTC process when it loses an injunction bid in federal court, to block the consummation of a merger pending its in-house...more

Alert: Federal Policy Developments Impacting Medical Technology Companies

Health care is always a major issue in Washington, DC but recently how to promote innovation in medtech has become a priority within that conversation. Thus far, 2015 has produced a major legislative initiative in the form of...more

The Game of Drones: between the Far West and a new European regulation

Unmanned aerial vehicles, better known as drones, are being increasingly used throughout Europe (and elsewhere) in a variety of sectors, from news, documentaries and TV productions to pizza delivery (albeit less frequently!)…...more

Pomegranate Health Benefit Claims Were False, Misleading - POM Wonderful, LLC, et al. v. Federal Trade Commission

In an opinion addressing the amount and type of scientific evidence required to substantiate disease treatment and prevention claims, the U.S. Court of Appeals for the District of Columbia upheld the Federal Trade...more

State Health Regulatory Bodies Have Teeth Pulled

Old and new regulations established by state professional boards that are composed of “active market participants” such as physicians, dentists and therapists, may be subject to antitrust challenge following the U.S. Supreme...more

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