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Advertising Law News & Analysis - August 2014 #2

In this issue: - FTC Announces Agenda for Sept. Big Data Workshop - State AGs Escalate E-Cig Discussion in Comments to FDA - Venable Secures Victory in Putative Class Action on Behalf of Oral Supplement...more

Antitrust Laws Are Rapidly Changing In Latin America

In recent travels to Central America, it’s been interesting to see the number of American companies operating and distributing in the region. So in a recent telephone conference with other antitrust practitioners, I was...more

Australia: Money for nothing and bets for free – ACCC files legal proceedings against Bet365

The Australian Competition and Consumer Commission (ACCC) has filed proceedings in the Federal Court alleging that the advertising campaign conducted by companies within the Bet365 Group (Bet365) which offered ‘free bets’ and...more

Reasonable Doubt: Data Privacy, Cybersecurity, and the FTC

Today’s cybersecurity environment demands that every business establish effective corporate data privacy and consumer information security systems and practices. But, unfortunately, no single cybersecurity law exits to...more

Why, After Mercedes, NCAA, Audi, Keurig, You Should Move Your Antitrust Training to The Front Burner

Let’s talk a little more about antitrust training. Since I wrote my first blog on it a few weeks ago, several more antitrust stories have hit the headlines. Just yesterday we discovered that China will fine Audi about $40...more

Disclosure At The Mobile Check-Out: The FTC's View On Mobile Shopping Apps

In its August 1st report entitled "What's the Deal — An FTC Study on Mobile Shopping Apps," the FTC provides guidance on various disclosures that should be made by mobile apps along with reinforcing a number of prior...more

So We Agree It’s Price-Fixing, But ...

Recently an experienced attorney with a class action plaintiffs firm responded to our article “Looks Like Price-Fixing Among Class Action Plaintiffs Firms,” in which we observed that a very common practice among plaintiffs...more

Consumer Protection Organization Petitions FTC To Enforce U.S.-EU Safe Harbor Framework

On August 14, the Center for Digital Democracy (CDD) announced that it filed a complaint with the FTC claiming that 30 U.S. companies are compiling, using, and sharing EU consumers’ personal information without their...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

InterConnect - Summer 2014

In this issue: - Don’t Sail Too Close to the Wind: Enhancing Awareness of Intermodal Shipping Documents - NEMF Class Action Settlement Serves as a Reminder to Carriers to Ensure FCRA Compliance in...more

FTC Reports Mobile Shopping App Consumer Disclosures Are Insufficient

On August 1, the FTC released a staff report on the agency’s review of shopping apps—those used for comparison shopping, to collect and redeem deals and discounts, and to complete in-store purchases. ...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

Tyco Healthcare Group LP v. Mutual Pharmaceutical Co.

Can filing a lawsuit under the Hatch-Waxman scheme of 35 U.S.C. § 271(e)(2)(A) ever give rise to antitrust liability? The Federal Circuit last week indicated in the affirmative. That statute provides that...more

EU Merger Law May Soon Extend To Minority Acquisitions

Economically, minority shareholdings — ranging from minimal passive investments to strategic control — are a significant phenomenon. Globally, however there is a wide variety of approaches to antitrust regulation of these...more

ITC ALJ Breaks New Ground, Further Heightening the DI Requirement for NPEs in § 337 Cases

According to a recent initial determination by an Administrative Law Judge of the International Trade Commission, a purely revenue-driven NPE cannot prove the existence of a domestic industry by relying solely on the...more

What Companies Can Do to Protect Themselves in the Face of Yet Another Massive Data Breach

Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million...more

India Enters "Pay-for-Delay" Fray: CCI Investigating Pharmaceutical Patent Settlements

India's competition authority, the Competition Commission of India (CCI), has begun scrutinizing and investigating pharmaceutical patent settlement agreements between brand and generic firms for potential anticompetitive...more

Federal Judge Enjoins NCAA Player Likeness Rules as Illegal Price Fixing

On August 8, 2014, a California federal judge ruled that college athletes can share in the billions of dollars generated from media contracts, finding that restraints imposed by the National Collegiate Athletic Association...more

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

Four Ways to Improve Antitrust Compliance Programs

In the era of global antitrust cartel enforcement, antitrust practitioners often scratch their collective heads and ask why is antitrust compliance so ignored by government enforcement agencies....more

Massive Hacking Operation Further Reveals Weakness of Passwords

A small private cybersecurity firm recently revealed that a Russian computer hacking organization amassed more than 1.2 billion username and password combinations. The data was collected across a wide swath of websites, from...more

Technical infringements receive stiff fines from the European Commission

Both the Electrabel case and the Marine Harvest case serve as harsh wake-up calls that companies and their antitrust advisers must adopt a high level of caution when analysing whether a transaction must be notified under the...more

Antitrust-Related Recent Developments: Comments Requested on Price Fixing Penalty Revisions, FTC Settles Section 5 Claim Against...

Sentencing Commission Requests and Receives Comments on Price Fixing Penalty Revisions - The U.S. Sentencing Commission is currently seeking public comments on sentencing for price fixing, bid rigging and market...more

For goodness sake! Taking cause-related marketing rules to heart

Whether it’s an organization that is close to the CEO’s heart, a response to a local tragedy, or a PR move to distract from some unpleasant news, there are times when extending a helping hand can also help a company’s bottom...more

No Bones About It: Tenth Circuit Permits Narrowest Market Definition and Raises the Bar for an Entry Defense When Reinstating...

On August 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor. ...more

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