Antitrust & Trade Regulation Civil Procedure

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Brexit, Here We Come (or Go)

The UK people have voted to leave the European Union. Although there is no constitutional duty to leave the Union as a result, politically this is likely going to happen. Change will not be immediate and happen over time....more

When are Universities and Executive Agencies “State Actors” for Antitrust Immunity?

More than fifty years ago, the Supreme Court formalized the “state-action antitrust immunity” doctrine - a judge-made rule that certain state governmental conduct is immune from challenge under the federal antitrust laws....more

Hospital Mergers: Is the FTC’s Winning Streak Over?

Following a winning streak dating back to its 2007 win in Evanston, the Federal Trade Commission (FTC) has suffered two losses over the last month in two of its three pending hospital merger challenges. On June 14, 2016, a...more

Brexit: How a Departure from the European Union Could Impact Your Dispute in the United Kingdom

If the United Kingdom (UK) votes to depart from the European Union (EU), the potential impact on litigation in the UK ranges from profound to negligible. Some UK laws owe their existence to direct European legislation, and...more

Competition News - June 2016

The Paris Court of Appeal compromises the lawfulness of selective distribution networks - Only a few months after its decision rendered in the Caudalie case (see our April Newsletter), the Paris Court of Appeal adopts,...more

Eleventh Circuit Upholds Florida Unfair & Deceptive Trade Practice Act Class Certification Despite no Reliance by Class Members

In a case sure to encourage more class action filings under Florida’s Unfair and Deceptive Trade Practice Act, the Eleventh Circuit upheld a Florida District Court’s certification of a class of consumers that purchased or...more

Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

Freedom to Whiten: Teeth-Whitener’s Antitrust Suit Against Georgia Board of Dentistry Allowed to Proceed

Earlier this week, in Colindres v. Battle, et al., No. 15-CV-2843 (N.D. Ga.), the District Court for the Northern District of Georgia refused to dismiss antitrust claims brought by the owner of a teeth-whitening company...more

The European Court Of Justice Requires The European Commission To Provide Adequate Reasons For Its Requests For Information

On March 10, 2016, the Court of Justice of the European Union (CJEU) rendered its judgment in the so-called Cement case, (C-247/14 P HeidelbergCement v Commission, C-248/14 P Schwenk Zement v Commission, C-267/14 P Buzzi...more

With Bank Fees, the Unfairness or Deception Is in the Details

Bank and financing fees are a prime target for alleged violations of N.C. Gen. Stat. § 75-1.1. Indeed, one of the seminal cases on section 75-1.1 concerns fees charged in a refinance transaction. Of course, the fact that...more

Newsletter: May 2016

Pleading Common Law Fraud Under Rule 9(b): Conflicting Circuit Court Interpretations - Federal Rule of Civil Procedure 9(b) prescribes the standards for pleading a common law fraud claim. The Rule states that “[i]n...more

Health Law Pulse - June 2016

On May 9, 2016, a federal district court for the Middle District of Pennsylvania rejected a request from the Federal Trade Commission (FTC) for a preliminary injunction to enjoin the pending merger (Merger) between Penn...more

Behind the Curtain: Technical Advisors in Complex Litigation

Complex litigation today often requires a working knowledge of intricate aspects of social and natural sciences. While a litigant can educate herself on the relevant science by retaining a consulting expert, the federal...more

Alaska Electrical Pension Fund v. Bank of America: A Key Decision for Plaintiffs in the ISDAFix Antitrust Litigation

A significant decision was recently issued in the ISDAfix antitrust class action, titled Alaska Electrical Pension Fund v. Bank of America, N.A., 2016 WL 1241533 (S.D.N.Y. Mar. 28, 2016), in which Quinn Emanuel is co-lead...more

The State of Umbrella Damages in Canadian Antitrust Litigation

Judges in Ontario and B.C. have reached different decisions on whether cartel members may be liable for umbrella pricing. These two cases of first impression may be headed for the Supreme Court of Canada. ...more

FTC Wins Stay of Pennsylvania Hospital Merger Pending Appeal in Third Circuit

The Third Circuit granted on Tuesday the Federal Trade Commission’s (“FTC”) request for an injunction pending appeal of the proposed merger between Penn State Hershey Medical Center and Pinnacle Health System. The injunction...more

2nd Circuit Speaks: LIBOR Plaintiffs May Pursue Claims

On May 23, 2016, the Second Circuit issued a long-awaited decision in the In re: LIBOR-Based Financial Instruments Antitrust Litigation, vacating the District Court’s (Buchwald, J.) prior decision dismissing one case in this...more

General Court of the EU Dismisses Trioplast Application Seeking Reimbursement of Interest Paid for Being Late in Paying Cartel...

With a judgment handed down on 12 May 2016 (Case T-669/14, Trioplast Industrier AB v. European Commission), the General Court of the European Union (GCEU) dismissed an action brought by Trioplast Industrier AB (Trioplast...more

First Circuit Affirms FTC Social Media Order: Jerk.com users Jerked Around By Material Misrepresentations

In Fanning v. Federal Trade Commission, the First Circuit affirmed a summary decision of the Federal Trade Commission (FTC), which found that Jerk LLC, the operator of Jerk.com, materially misrepresented both the source of...more

FTC Blocks Staples’ Acquisition of Office Depot

After more than a year-long battle with the Federal Trade Commission (FTC), the proposed acquisition of Office Depot, Inc. (ODP) by Staples, Inc. (SPLS) was blocked by the Honorable Emmet G. Sullivan of the U.S. District...more

"Staples-Office Depot Mergers, 1997 v. 2016: Changed Industry, Same Result"

On May 17, 2016, one week after announcing his decision, Judge Emmet Sullivan of the U.S. District Court for the District of Columbia released a public version of his opinion siding with the Federal Trade Commission in its...more

FTC Loses Pennsylvania Merger Challenge in District Court and Seeks Emergency Appeal to Third Circuit

On May 9, 2016, a Pennsylvania federal judge denied efforts by the Federal Trade Commission (FTC) and state regulators to block the merger of Penn State Milton S. Hershey Medical Center (Hershey) and Pinnacle Health System...more

Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of...more

The Alabama Legislature Solves Problem Created by the Eleventh Circuit

The Alabama legislature recently adopted legislation to prevent class actions in federal court under the Alabama Deceptive Trade Practice Act (“ADTPA”). As reported here last summer, the Eleventh Circuit held in Lisk v....more

FTC Records Two Wins as Staples-Office Depot Merger Abandoned for a Second Time

On May 10, Staples and Office Depot announced that they would be terminating their $6.3 billion merger in the wake of a federal judge’s decision to issue a preliminary injunction blocking the deal. This represents the second...more

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