Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:
How to Avoid Corruption Risks in China
Health Care Antitrust & the Supreme Court – Interview with Bruce Sokler, Member, Mintz Levin
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
The Sunshine Act: Putting It into Practice – Interview with Karen Lovitch, Member, Mintz Levin
Bill on Bankruptcy: US Airways Need a Merger More than AMR
Too Big To Fail in the Dodd-Frank Era
License to travel: how regulation is benefiting business abroad
S&C's Cohen: Brown-Vitter Punishes Banks For Being Big
Tips for Mobile App Privacy Compliance
China's Export Policy Changes After U.S. Antitrust Case
Could A US-EU Free Trade Deal Harm The WTO?
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
Aquila: M&A Looking Up in 2013; "The Negatives Are Built In"
Suspicious Activity Reporting (SAR) under the Bank Secrecy Act and Anti-Money Laundering: What You Need to Know About the Safe Harbor and Limitations to Immunity
Martin Hahn on Food Labeling Lawsuits
Cross-Border M&A: Opportunities and Dealbreakers in Europe
Mike Koehler on Foreign Corrupt Practices Act Reform
Edelman 5 Step Process for Evaluation of Third Parties
Whalen: Too Much Regulation Caused JP Morgan $2 Billion Loss
Wal-Mart Bribery Allegations: Initial Impressions
Supreme Court to Consider Lanham Act Standing -
What factors should determine standing to sue for false advertising under the Lanham Act?
The U.S. Supreme Court has agreed to answer that question in a case from...more
On January 16, 2013, the U.S. Federal Trade Commission (FTC) issued a final ruling in a case about the advertisements for POM Wonderful LLC's 100% Pomegranate Juice and POMx supplements....more
The Supreme Court has recently agreed to hear argument in Lexmark v. Static Control that will strike at the very heart of false advertising jurisprudence by asking who is allowed to bring false advertising claims. The Lanham...more
In certain states, only an actual competitor may bring a false advertising claim under the Lanham Act....more
Companies accused of antitrust wrongdoing must prepare for a multi-front battle in different courts in different places on different timelines. To survive, they must hire defense counsel with sufficient scale and agility to...more
New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to...more
On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this...more
In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook.
As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more
The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the...more
In This Issue:
- Kentucky County Clerks Cannot Sue MERS for Failure To Record Mortgage Assignments, Sixth Circuit Rules
- Bipartisan Policy Center Proposes New Directions for National Housing Policy
What you need to know:
The Supreme Court issued a unanimous decision siding with the FTC against a hospital merger in Georgia.
What you need to do:
Companies should conduct careful analysis before...more
On November 20, 2012, the U.S. Court of Appeals for the Federal Circuit issued a decision in Ritz Camera & Image, LLC v. SanDisk Corp., No. 2012-1183, 2012 WL 5862779 (Fed. Cir. Nov. 20, 2012). They affirmed that direct...more
POM Wonderful LLC recently received a setback in its longstanding dispute with the Federal Trade Commission. On Sept. 30, 2012, U.S. District Judge Richard Roberts in the District of Columbia dismissed the juice maker’s...more
In a nutshell, you need to pay attention to antitrust standing doctrine because the doctrine has real teeth and can result in dismissal of claims.
That’s what the plaintiff in Static Control Components, Inc. v. Lexmark...more
In In re: ATM Fee Antitrust Litigation, No. 10-17354 (9th Cir. July 12, 2012), the Ninth Circuit ruled that consumers (ATM cardholders) could not challenge ATM fees paid by ATM card issuing banks to the owner of the ATMs...more
On June 25, the United States Supreme Court granted the Federal Trade Commission’s request that it review the 11th Circuit’s decision in Federal Trade Commission v. Phoebe Putney Health System. The case involves the FTC’s...more
Yesterday, in Minn-Chem, Inc. v. Agrium Inc., No. 10-1712, the en banc 7th Circuit addressed the Foreign Trade Commerce Antitrust Improvements Act (“FTAIA”) in the context of an alleged worldwide scheme to fix potash prices...more
Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more
In This Issue:
*Manatt Expands Intellectual Property Practice in New York
*Federal Court Rules Muscle Milk Lawsuit Needs More Muscle
*How Much Is That App in the Window?
*City Ordinance Banning Outdoor Tobacco...more
Davis v. AT&T Wireless Services, Inc., No. CV 11-02674 DDP (March 1, 2012) (Pregerson, J.)
Not everyone can sue for an antitrust violation. Usually, if plaintiffs and defendants do not at least participate...more
Originally published in Competition Law360 January 19, 2012.
Since the enactment of the Class Action Fairness Act (“CAFA”), 28 U.S.C. §1332(d), federal district courts handling indirect purchaser price fixing and market...more
The issuance by the European Commission of a new set of best practices in antitrust proceedings, as well as its attempt to reinforce the role of the hearing officer, have sparked up the debate about the European antitrust...more
U.S. District Court – Northern District of California
In Perez v. State Farm Mut. Auto. Ins. Co., 2011 WL 5833636 (N.D. Cal. Nov. 15, 2011), the U.S. District Court for the Northern District of California dismissed an...more
The unique features of the European Commission’s competition proceedings, where the Commission acts as investigator, prosecutor and maker of decisions on guilt or innocence, have long been controversial. Due...more