Civil Procedure, Antitrust & Trade Regulation, Constitutional Law

New FTC Commissioner Prioritizes Transparency in Enforcement

by Jarod Bona on 4/23/2013

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

Federal Court in Manhattan “Likes” Service of Process via Facebook

by Madeleine Hensler | Morrison Foerster - Social Media on 4/10/2013

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

Federal Judge Orders Service of Process through Facebook

by Alan Pate | BakerHostetler on 4/5/2013

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. ...more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 4/3/2013

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

Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell

by Alexis Amezcua | Morrison & Foerster - Private Surgeon... on 3/22/2013

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

Mortgage Banking Update - March 08, 2013

by Richard J. Andreano, Jr., Sharon Wilson Geno, Amy Glassman, Barbara S. Mishkin, Nydia Pouyes, Matthew Saunig, John D. Socknat, Michael S. Waldron | Ballard Spahr LLP on 3/8/2013

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 - FTC...more

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

by Robert Buchanan, Jr., Michael Gass, Julia Hesse, Christine Savage | Choate Hall & Stewart LLP on 2/26/2013

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 investing...more

Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust Claims

by Shylah R. Alfonso, Susan E. Foster, Carla L. Reyes | Perkins Coie on 11/30/2012

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 Loses a Round in Its Advertising Dispute With FTC, But Battle Continues

by Jeff Ifrah on 10/11/2012

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

Why You Need to Pay Close Attention to Antitrust Standing

by Howard Ullman on 9/7/2012

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

ATM Users Lack Standing to Challenge Bank ATM Fees

by Howard Ullman on 7/18/2012

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

Supreme Court to Hear FTC Challenge to Georgia Hospital Merger

by Dickinson Wright on 6/28/2012

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

Seventh Circuit Allows Foreign Price-Fixing Claims to Proceed

by Howard Ullman on 6/28/2012

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

Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case

by Jeff Ifrah on 5/23/2012

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

Advertising Law -- May 4, 2012

by Manatt, Phelps & Phillips, LLP on 5/7/2012

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

Digital Content Producers Lack Antitrust Standing to Sue Wireless Carriers Over MMS

by Howard Ullman on 3/5/2012

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

Emerging Trends In Indirect-Purchaser Antitrust Cases

by Zelle Hofmann Voelbel & Mason LLP on 1/23/2012

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

An Excerpt From: K&L Gates Global Government Solutions® 2012: European Commission Addresses Due Process Concerns over EU Antitrust...

by K&L Gates LLP on 1/20/2012

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

Plaintiffs Lack Standing to Pursue Antitrust Class Action Against Insurance Company Subsidiaries

by Sedgwick LLP on 12/29/2011

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

Due process in competition cases: A step forward by the ECJ

by White & Case LLP on 12/13/2011

Introduction 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

Twombly and Parallel Conduct: Grounded in the Sixth Circuit

by Natalie DuBose on 11/1/2011

This article, Twombly and Parallel Conduct: How the Sixth Circuit Grounded In re Travel Agent Commission Antitrust Litigation, 76 J. Air L. & Com. 111 (2011), discusses the Sixth Circuit holding in In re Travel Agent...more

EU Judges Rising To The Challenge? The EU General Court’s judgments in Hydrogen Peroxide, Netherlands Beer and International...

by White & Case LLP on 6/27/2011

There is a growing debate as to the standard of review that the EU courts apply when reviewing European Commission (‘Commission’) decisions in competition law cases. It has been argued that many recent judgments of the EU...more

Court Requires DOJ to Disclose Audio Recordings

by Ropes & Gray LLP on 5/17/2011

Judge Paul Borman, District Judge for the Eastern District of Michigan, recently ordered the Department of Justice (“DOJ”) to produce tape recordings to the direct purchaser plaintiffs in the In re Packaged Ice multidistrict...more

Expanded Standing, or "Back to Basics"? Flash Memory Direct Purchasers Found to Have Standing to Assert Walker Process Claims

by Sheppard Mullin Richter & Hampton LLP on 3/30/2011

In Ritz Camera & Image, LLC v. SanDisk Corporation, et al., United States District Court, ND Cal., Case No. 5:10-CV02787-JF/HRL, the court denied a motion to dismiss in a Walker Process "fraud on patent office" case, and...more

IP Update, Vol. 14, No. 3, March 2011

by McDermott Will & Emery on 3/29/2011

In This Issue: Patents: Is §292 (Qui Tam) Statute Unconstitutional? Need More than Mouse Disclosure and a Few CIPs to Support Human Antibody Claims; Limitation on the Number of Asserted Claims Does Not Violate Due...more

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Civil Procedure › Antitrust & Trade Regulation › Constitutional Law