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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

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

Wyndham Challenges Authority Of FTC To Regulate Cybersecurity

On March 3, 2015, a judicial panel from the U.S. Court of Appeals for the Third Circuit heard oral arguments in a challenge brought by Wyndham Worldwide Corp. (“Wyndham”) against the Federal Trade Commission’s (“FTC”)...more

Court Sets Date for Preliminary Injunction Hearing in Sysco-U.S. Foods Antitrust Case

This past Wednesday, Judge Amit Mehta of the U.S. District Court for the District of Columbia set a hearing from May 5 through May 8, with up to three additional days if necessary, to consider the FTC’s request for a...more

U.S. v. Apple Inc et al

Copy of District Court Ruling that Apple Conspired to Raise E-Book Prices

On July 10, 2013, U.S. District Judge Denise Cote ruled that Apple conspired with five publishers to raise the price of e-books when it introduced the iBookstore in 2010. Here’s a full-text copy of her ruling (embed code...more

Justice Department and Patent Office Issue “Policy Statement” Regarding Remedies for Standards-Essential Patents

In a statement likely to be influential with courts, the U.S. Department of Justice (DOJ) and the Patent and Trademark Office (PTO) on January 9 issued a joint Policy Statement urging limitations on remedies for infringement...more

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

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

Credit Interchange Settlement: The Impact on Selected Future Transactions

Much has been and will be written about the Memorandum of Understanding, filed on July 13, 2012, that sets out the parties’ binding obligation to enter into a class settlement agreement in the long-pending interchange fee...more

Private enforcement: An overview of EU and national case law

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

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

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

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

POM Wonderful: Advertising Claims Regarding Health Benefits of Pomegranate Juice and Supplement Found Deceptive

Chief Administrative Law Judge D. Michael Chappell has upheld a Federal Trade Commission (“FTC”) complaint accusing POM Wonderful LLC (“POM Wonderful”), the maker of best-selling POM Wonderful 100% Pomegranate Juice (“POM...more

FTC Prevails In Case Against Pom Wonderful: Court Issues 20-Year Injunction Barring Unsubstantiated Health Claims

Earlier this week an administrative law judge ruled in favor of the FTC in its closely watched trial against Pom Wonderful, finding that years of advertising by Pom Wonderful falsely exaggerated the health benefits of...more

FTC Affirms Holder in Due Course Rule

On May 10, the FTC released an advisory opinion affirming that the Holder in Due Course Rule does not limit or preclude a consumer’s right to recovery other than to restrict awards to monies paid under a contract. The opinion...more

UK government consults on Radical Proposals to Promote Antitrust Damages Actions

The UK's Department for Business, Innovation and Skills ("BIS") is seeking views on how to boost antitrust damages actions. As stated in the consultation document, "Research by the Office of Fair Trading (OFT) shows that...more

Here’s the Skinny on the Apple E-Book Case

The Apple e-book case has been front-and-center in the media this last week. For those not following it carefully, here is a quick sketch of the allegations and what’s at stake. (I hasten to emphasize that the government’s...more

Advertising Law -- March 30, 2012

In This Issue: A Poor Trade: FTC Settles with Car Dealers Over Trade-Ins; FDA Releases Regs on TV Ads; Product Claims Can’t Be Based on Ingredient Testing, Says the NAD; The Latest in “Natural” Suits: Frozen Food, Fruit...more

"Competition Remedies for Mergers, Acquisitions and Joint Ventures: China’s Diverging Practice from EU and U.S. Agencies"

Companies contemplating global mergers, acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition...more

"'Competition Authorities’ Growing Support of Damages Actions: A Delicate Balance"

Competition authorities around the globe are taking an increasingly active part in the pursuit of civil claims for damages for antitrust infringements. The decision by the Korean Fair Trade Commission (“KFTC”), announced on...more

German Court Protects the Confidentiality of Leniency Submissions

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

Advertising Law -- January 20, 2012

In This Issue: Know When to Hold ’Em: DOJ Opens Door for Online Gambling; Advocates, Proponents Weigh In on COPPA Updates; Gilbert Arenas Loses His Appeal; FDA Releases Limited Guidance for Social Media Use; and Diamond...more

Merger Enforcement Two Years Later - What Clues Does the Obama Administration's Record Hold For the Years Ahead

Two years into the Obama Administration, we have enough of a record on merger enforcement to pause and consider whether anything much has changed, and what this record has to say about the likely course of enforcement in the...more

Advertising Law Newsletter - March 16, 2011

In this issue: IAB Members Pledge to Follow Self-Regulatory Principles; Illinois Court Revives Light Cigarette Class Action; Can a Facebook Friend Request Violate the Lanham Act?; FTC Fights...more

The Restore Online Shoppers’ Confidence Act: New Obligations for Merchants

On December 29, 2010, President Obama signed the Restore Online Shoppers’ Confidence Act (ROSCA) into law. The law has received surprisingly little media attention, but it deserves a close look by any company doing business...more

Alcatel-Lucent Settles “Unprecedented” $137 Million FCPA Case

After a six-year international investigation, the DOJ and SEC announced that Alcatel-Lucent S.A. will pay one of the largest settlements in Foreign Corrupt Practices Act history. The Paris-based telecommunications company and...more

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