Antitrust & Trade Regulation Civil Remedies Civil Procedure

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The FTC Faces an Embarrassing Set-Back in its Data Security Enforcement Authority as the LabMD Saga Continues

On November 10th, the Eleventh Circuit Court of Appeals handed an embarrassing defeat to the Federal Trade Commission and an early Christmas present to LabMD, Inc. in the ongoing David and Goliath battle between the...more

Eleventh Circuit Grants Stay of FTC Order Against LabMD, Calling into Question FTC’s Interpretation of “Unfairness” Authority...

On November 10, the US Court of Appeals for the Eleventh Circuit granted LabMD’s motion to stay enforcement, pending appeal, of a Federal Trade Commission (FTC) order against the company for its allegedly deficient data...more

Federal Court Revives Suspended Judgment Against Text Message Marketing Company Principal        

In a decision that should grab the attention of marketers who operate through all media, a federal court has lifted a suspended judgment awarded to the Federal Trade Commission (“FTC”) against the owner of a text message...more

FTC Again Finds Success in High-Profile Hospital Merger Appeal

For the second time in recent weeks, the Federal Trade Commission (FTC) prevailed in its challenge of a high-profile hospital merger. This time, the appeal stemmed from a June 14, 2016, order by Judge Jorge Alonso of the...more

Plus Feature - OUCH

When plaintiffs’ counsel settle a massive antitrust class action for $244 million, they should be happy, right? One would think so, unless their $72.3 million fee request is cut by the court to $48,825,000 in the...more

Predictability for Antitrust Leniency Applicants: Supreme Court of Canada establishes high threshold for judicial intervention...

The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be welcome news to those...more

The End of the Road for Hershey Medical Center's Merger: Parties Abandon Transaction After Third Circuit Rules That Hospital...

The decision serves as a reminder of the uphill battle that merging health care providers have faced since the FTC’s adoption of its current rigid market definition standard in 2007. The U.S. Court of Appeals for the...more

Third Circuit Grants FTC Injunction in Penn State Hershey-Pinnacle Merger, Overruling Lower Court

On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn...more

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

Still No NCAA Pay for Play - Supreme Court Denies Cert. in O’Bannon v. NCAA

On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No....more

Doryx: Third Circuit Affirms Dismissal of Product Hopping Claim

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co. (Doryx), the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan...more

FTC Finds Success in High-Profile Hospital Merger Appeal

Many of our readers will recall the decision from Judge John Jones III of the Middle District of Pennsylvania earlier this year, denying the Federal Trade Commission’s (FTC) motion to enjoin 551-bed Penn State Milton S....more

International Comity is Alive and Well: Second Circuit Defers to China’s Interpretation of Its Own Laws in Vacating...

Last week, the Second Circuit affirmed that U.S. courts should, and indeed must, defer to a foreign government’s interpretation of its own laws. That should hardly be a controversial proposition, but up until now, lower...more

Mediation Privilege – Federal v. State Law Applicability

Mediation Privilege – Federal v. State Law Applicability In Re: TFT-LCD (Flat Panel) Antitrust Litigation; Sony Electronics, Inc. et al. v. Hannstar Display Corp. U.S. Court of Appeal, Ninth Circuit (September 1, 2016)...more

Eleventh Circuit Affirms Dismissal of RICO Claim in Hidden Fee Case

On September 2, 2016, the Eleventh Circuit affirmed dismissal of a civil RICO claim in Ray v. Spirit Airlines, Inc., a case that challenged Spirit Airlines’ reporting of fees to customers. The Eleventh Circuit’s affirmance...more

Mixed Blessings – Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and others [2016] CAT 11

This case is very important in that it is one of the first judgments where damages have been awarded for breach of competition rules in UK. It relates to MasterCard’s alleged anticompetitive card fees (credit and debit...more

Limitation: Paying up even when the claimaint was (possibly) out of time

In the recent decision of W.H. Newson Holding Limited and Others v. IMI PLC and Others [2016] EWCA Civ 773, the Court of Appeal clarified an important question concerning the interpretation of section 1(4) of the Civil...more

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a...more

Private Antitrust Damage Actions in China: An Emerging Force?

China has emerged as a global power in merger review with surprising speed. Does the surge in private antitrust litigation suggest a similar pattern? Introduction - This Client Alert provides a general description...more

$3 Million Spoliation Sanction Despite Company’s Litigation Hold

Manufacturers involved in litigation must properly preserve electronically-stored information (“ESI”) or potentially face daunting sanctions. A recent antitrust case, however, demonstrates that lessons—multi-million dollar...more

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s...more

Second Circuit Weighs in on Antitrust Injury

Antitrust standing is one of the most beguiling concepts in antitrust law, but it is a hurdle that a plaintiff must negotiate if its claim can proceed. This week, the Second Circuit provided some clarity to the doctrine when...more

What Have Merchants Gained from Payment Card Antitrust Litigation?

In recent years, federal antitrust enforcers and businesses that accept payment cards have been waging a slow war against payment card fees and the card network rules that protect them. The payment card industry’s antitrust...more

Court Awards $3M Sanction and Adverse Inference for Spoliation in Antitrust Case

On July 6, 2016, Judge Leonard P. Stark, of the federal district court in Delaware, ordered a $3 million punitive monetary sanction, and an adverse inference jury instruction, against antitrust defendant Plantronics after...more

Network Rules Occupy Second Circuit, U.S. Supreme Court

Issues surrounding network rules made headlines recently, with the Second Circuit Court of Appeals rejecting a $7.25 billion deal between Visa and MasterCard and approximately 12 million merchants claiming the networks worked...more

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