Constitutional Law, Antitrust & Trade Regulation

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

by Bloomberg Law on 5/3/2013

May 3 (Bloomberg Law) -- Rodge Cohen, partner at Sullivan & Cromwell who represents the nation's largest banks, talks with Bloomberg Law's Lee Pacchia about the concept of Too Big To Fail and a recent proposal from Senators...more

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

To amparo or not to amparo?

by Jose Alberro | Berkeley Research Group, LLC on 4/19/2013

José Alberro, director at Berkeley Research Group in California, examines stock market punishment and enforcement of the Mexican Federal Competition Commission decisions In the Mexican legal system, the recurso de...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

A Cure For Antitrust Standing?

by Deirdre McInerney, Barbara Sicalides | Pepper Hamilton LLP on 3/7/2013

Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...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

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

by Melissa Hatch, Jan Levine | Pepper Hamilton LLP on 2/25/2013

On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more

Supreme Court Hands FTC Victory on State Action Immunity

by Jessica Anthony, Leslie John, Jason Leckerman | Ballard Spahr LLP on 2/22/2013

In a unanimous opinion, the U.S. Supreme Court this week tightened the standard for state action immunity under federal antitrust laws in a case involving a hospital merger. This decision arguably tightens the reins on the...more

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

by Ryan Blaney, Monte Dube, Helene Jaffe, Alan Kusinitz, Andrew Wellin, Richard Zall | Proskauer Rose LLP on 2/22/2013

Recent major regulatory and technological developments have brought forth historic changes to the health care market. Health care providers have responded to these developments in several ways. One such mechanism, hospital...more

S&P Seeks Declaration That Credit Ratings Are Immune From Liability

by Orrick - Structured Finance Group on 2/11/2013

On February 5, two Standard & Poor’s entities filed a declaratory judgment action in the Southern District of South Carolina seeking to bar the South Carolina Attorney General from suing S&P under South Carolina’s Unfair...more

Antitrust and Competition Newsletter - February 2013

by Orrick, Herrington & Sutcliffe LLP on 2/8/2013

In This Issue: - A Modern Look at the Nine ‘No-Nos’ of Patent Licensing Under U.S. Antitrust Law: The First Four ‘No-Nos’ - Supreme Court Grants Cert. in Watson Reverse Payment Settlement Case - 7th Circuit...more

Google Search and Free Speech

by Maryanne Stanganelli | BakerHostetler on 1/8/2013

On Thursday, the Federal Trade Commission announced that, after its inquiry of almost two-years, it is ending its antitrust investigation into Google. It finds that Google has not violated antitrust laws in its ordering of...more

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012

by Nicholas A. Datlowe, Anna Ferrari, D. Reed Freeman, Jr., Timothy Denny Greene, Jacob Michael Kaufman, Christine E. Lyon, Julie O'Neill, Matthew R Galeotti, Jesse Soslow | Morrison & Foerster LLP on 12/6/2012

In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit...more

Direct Purchasers Can Bring Walker Process Claims

by Howard Ullman on 12/6/2012

In Ritz Camera & Image v. SanDisk Corp., No. 2012-1183 (Fed. Cir. Nov. 20, 2012), the Federal Circuit held that direct purchasers have antitrust standing to bring Walker Process claims....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

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Product Disparagement At Heart of Merge/Medstrat Lawsuit Over Lost Customers

by Kenneth Vanko | Clingen Callow & McLean, LLC on 11/28/2012

As reported in Crain's Chicago Business on Monday, Merge Healthcare Inc. has filed suit against rival Medstrat for allegedly using unfair means to target a specific group of clients. Merge and Medstrat are competitors in the...more

Advertising Law -- Nov 21, 2012

by Manatt, Phelps & Phillips, LLP on 11/26/2012

In This Issue: FTC, CFPB Target Mortgage Ads; FTC Working on Data Collection "Nutrition Label"; Suit Filed Over "Giant Soda" Ban; Red Light: Hyundai, Kia Face Suits Over Fuel Estimates; Does California's Credit Card Law...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

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

by Mintz Levin - Antitrust on 10/5/2012

The filed rate doctrine precludes antitrust challenges to rates set or approved by federal agencies. The doctrine is broadly applied and covers, for example, wholesale electricity rates that are filed with the Federal Energy...more

Broadening Application Of The Filed Rate Doctrine

by Zelle Hofmann Voelbel & Mason LLP on 9/14/2012

Originally published in Competition Law360 on September 13, 2012. Ninety years ago Justice Brandeis delivered the opinion in Keogh v. Northwestern Railway Co., 260 U.S. 156 (1922), and based on four policy reasons,...more

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Constitutional Law › Antitrust & Trade Regulation

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

New FTC Commissioner Prioritizes Transparency in Enforcement

To amparo or not to amparo?

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

Federal Judge Orders Service of Process through Facebook

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

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

Mortgage Banking Update - March 08, 2013

A Cure For Antitrust Standing?

Supreme Court Unanimously Rejects Antitrust Immunity in Hospital Merger Case

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

Supreme Court Hands FTC Victory on State Action Immunity

Placing Limits on the State Action Doctrine, the Supreme Court Subjects Local Government Hospitals to Scrutiny under the Antitrust...

S&P Seeks Declaration That Credit Ratings Are Immune From Liability

Antitrust and Competition Newsletter - February 2013

Google Search and Free Speech

Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012

Direct Purchasers Can Bring Walker Process Claims

Federal Circuit Clarifies Expanded Standing to Bring Walker Process Antitrust Claims

Bernstein Shur Business and Commercial Litigation Newsletter #22

Product Disparagement At Heart of Merge/Medstrat Lawsuit Over Lost Customers

Advertising Law -- Nov 21, 2012

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

Second Circuit Applies the Filed Rate Doctrine to Electricity Rates Set by Market-Based Auctions

Broadening Application Of The Filed Rate Doctrine

S&C's Cohen: Brown-Vitter Punishes Banks For Being Big [Video]

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