Civil Procedure Antitrust & Trade Regulation Consumer Protection

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Made in Canada: Competition Bureau Takes Action Against Moose Knuckles

On April 26, 2016, the Competition Bureau (Bureau) filed a Notice of Application (Application) against Moose International Inc. (Moose Knuckles), for alleged false or misleading “Made in Canada” claims in relation to its...more

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

LabMD’s Waiting Game: Lingering Questions over FTC’s Authority in Data Security Matters

A contentious legal battle over data security between the Federal Trade Commission and LabMD, a small medical testing lab, is chronicled in the latest edition of Bloomberg Businessweek. Dune Lawrence’s report raises...more

Quo Vadis FTC: What Does the Commission's Complaint Against Endo Pharmaceuticals and Others Say About the Future of Post-Actavis...

This alert, the title of which is adapted from a March 30, 2016 FTC Staff Attorney blog post, considers the FTC's first lawsuit challenging a so-called "no-AG" agreement. No-AG agreements are components of Hatch-Waxman...more

FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm

The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of...more

Caught Between a Rock and a Hard Place: The Second Circuit to Decide Appeal From Cartel Defendants Who Argued Compliance With...

On January 28, 2016, the United States Court of Appeals for the Second Circuit heard arguments on whether the doctrines of act of state, foreign sovereign compulsion, and international comity required the reversal of a jury’s...more

Second Circuit Affirms Dismissal of Sherman Act Claims Due to Failure to Allege a Plausible Geographic Market

In Concord Associates, L.P., et al. v. Entertainment Properties Trust, No. 13-3933-cv (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit upheld the dismissal of a complaint alleging claims under the Sherman Act,...more

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

FTC’s Amicus Brief in Wellbutrin XL Appeal Highlights Significance for Interpretation of Actavis

The FTC has recently weighed in again on the evolving interpretation of the Supreme Court’s 2013 opinion in FTC v. Actavis, 133 S. Ct. 2223 (2013). The agency submitted an amicus brief to the Third Circuit in the appeal of...more

Opt-out class actions in the UK – off the blocks, on a mobility scooter

A new opt-out class action regime was introduced into the UK on 1 October 2015 under the Consumer Rights Act 2015 (the "CRA"). Since then, practitioners have been waiting patiently; intrigued to see when the first claim would...more

District Judge Bans Company from Collecting and Disclosing Consumer Information

Recently, the U.S. District Court for the District of Nevada granted in part the FTC’s motion for summary judgment and motion for default judgment against a company, its subsidiaries, and seven individuals (collectively,...more

Launch of First UK Opt-Out Class Action

October 1, 2015, marked the entry into force of the Consumer Rights Act 2015 ("CRA"), bringing with it an opt-out class action regime for the private enforcement of infringements in competition law. Now, in March, 2016, the...more

Facebook Accused on an Abuse of Dominance by German Competition Regulator

On the 2nd March 2016, the German Federal Cartel Office (FCO) initiated proceedings against Facebook’s European and German entities, accusing the company of abusing its market power. The case follows a logical progression of...more

The Carrot and the Stick: FTC’s Letter Evidences Flexible Yet Firm Approach to Claim Substantiation

The Federal Trade Commission recently approved a final consent order with Carrot Neurotechnology, Inc. and its co-owners, requiring them to stop making allegedly deceptive claims that their “Ultimeyes” video game app can...more

1st Circuit Joins 3rd Circuit: Non-Cash Reverse Payments Subject to Antitrust Scrutiny

Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more

FTC Settles with Router Manufacturer for Security Failure

As the number of smart devices in homes connected to the Internet continues to grow, the need to keep home networks secure becomes increasingly important. Device manufacturers that promise to secure these home networks,...more

An Honest Struggle to Advertise "Natural" Products

On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

Seventh Circuit Hears Argument in Clorox Appeal

This week, the Seventh Circuit heard argument in the Woodman’s Food Market v. Clorox Co. appeal. As members of our team have previously reported, this case concerns whether a plaintiff can state a claim under Section 2(e) of...more

Wage Suppression Antitrust Class Allegations Against Oracle Dismissed As Untimely

A 2009 Department of Justice (“DOJ”) investigation of the employment and recruitment practices of a number of Silicon Valley technology companies resulted in DOJ lawsuits against seven companies, followed by consent decrees...more

Publishers close the book on one e-books case; Supreme Court decides whether to reopen another

We will soon know whether the Supreme Court will grant Apple’s cert petition asking the Court to review and reverse its antitrust violation for conspiring with publishers to fix the prices of e-books. The Court will consider...more

District Court Refuses to Enjoin State From Pursuing Claims That Fell Within Terms of Prior Class Settlement Agreement and Release

The court in In re Flonase Antitrust Litigation, No. 08-3301, 2015 WL 9273274 (E.D. Pa. Dec. 21, 2015) recently held that it could not enjoin the state of Louisiana from pursuing claims that, on their face, fell within the...more

Drug Testing Company Settles FTC Case Alleging Invitation to Collude

The FTC has entered into a final settlement with Drug Testing Compliance Group LLC (DTC Group) by order issued January 21, 2016, resolving an administrative case that alleged DTC Group had invited a competitor to collude with...more

French Class Action Law Has Less Impact Than Expected

Since the entry into force on 1 October 2014 of the provisions of the “Hamon” law of 17 March 2014, which introduced class actions into French law in relation to consumer and competition law matters, only six class actions...more

Are the Patent Trolls Vulnerable to Antitrust Claims?

We previously wrote about the nascent efforts of legislators, regulators, and representa­tives of technology-dependent industries to use the antitrust laws, such as Section 2 of the Sherman Act or Section 7 of the Clayton...more

January 2016: U.K. Competition/Antitrust Litigation Update

The new Competition Appeal Tribunal Fast-Track Procedure for Small-and Medium-Sized Enterprises. On October 1, 2015, significant competition law reforms took effect in the United Kingdom under the Consumer Rights Act of 2015....more

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