Elections & Politics Antitrust & Trade Regulation

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News & Analysis as of

Health Update - March 2017

The Future of Essential Health Benefits - Editor's Note: The Essential Health Benefits (EHB) rule may be among the many parts of the Affordable Care Act (ACA) that are on the chopping block as the Trump Administration and...more

ITC Section 337 Update – March 2017

Commission Reverses ALJ’s Dismissal Of U.S. Steel’s False Designation Of Origin Claim And Sets Hearing On U.S. Steel’s Antitrust Claim In Certain Carbon Steel; U.S. Steel Withdraws Trade Secret Theft Claim – 2017 has produced...more

The Trump Administration Begins the Task of Selecting New Federal Antitrust Enforcers

With every new administration, there is typically a change in the leadership of both the Federal Trade Commission and the DOJ Antitrust Division, the two regulators principally responsible for federal antitrust oversight. Not...more

Outlook for Disgorgement Remedies in the Trump Administration

With the departure of now former Federal Trade Commission (FTC) Chairwoman Edith Ramirez earlier this month, among the most discussed vacancies in the new administration these days is the post of her permanent replacement....more

Supreme Court Nominee Neil Gorsuch Has Significant Antitrust Experience

On January 31, 2017, President Trump nominated Neil Gorsuch to fill the vacant seat at the Supreme Court of the United States left by the late Justice Antonin Scalia. As a federal judge for the US Court of Appeals for the...more

Marketplace Shockwaves: Insurer Exits Leave Marketplaces Vulnerable

Early this month, Aetna announced that in 2018, it will not expand its Health Insurance Marketplace ("Marketplace" or "Exchange") coverage, and is evaluating whether it will completely pull out of the Marketplaces created by...more

New provisions on German antitrust law under debate in German parliament

On 1 July 2016, the German Ministry for Economic Affairs published a draft bill for the 9th amendment of the German Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen – GWB). The draft bill...more

Key Takeaways: Inside the White House and Capitol Hill — The Impact of a New Administration on Global Markets

On January 25, 2017, Skadden hosted a panel discussion at the London Stock Exchange on the potential policy direction of the Trump administration. The panel touched on tax reform, trade agreements, inbound and outbound U.S....more

Dentons' pick of global regulatory trends to watch in 2017 - Competition/antitrust law

Focus on the US - In the wake of the 2016 elections, we now await the decision as to who will be the "antitrust guard" at the top of the US Department of Justice (DOJ) and the Federal Trade Commission (FTC). At the...more

Competition Major Russian legislation changes for 2016

We would like to present the overview of the most important legislation changes in competition for 2016. In contrast to 2015, which was marked by the adoption of the “fourth antimonopoly package”1, the past year was not...more

2017 Antitrust Outlook – A Year of Uncertainty

We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or elsewhere. Our next two posts will cover some of the causes of present...more

Private enforcement. Antitrust violation: the Italian Legislative Decree n. 3/2017 has been approved (Italian)

With the Legislative Decree n. 3/2017 the Italian legislature transposed Directive 2014/104 / EU, with which we have introduced a uniform regulation in the EU Member States relating to actions for damages based on a breach by...more

"Despite Aversion to Regulation, Trump May Expand Cybersecurity Efforts"

President Donald Trump’s statements to date on regulation in general and cybersecurity regulation in particular suggest a conflict between his desire to strengthen the country’s cybersecurity efforts and his general antipathy...more

Ohlhausen’s Appointment as Acting Chair of FTC Signals Potential Change in Antitrust Approach

President Donald Trump last week designated Maureen K. Ohlhausen as acting chair of the U.S. Federal Trade Commission (“FTC”). Ohlhausen is a vocal critic of government involvement in the market, suggesting the FTC under her...more

"Antitrust Enforcement in the Trump Administration"

Republican administrations historically have taken a less interventionist approach to antitrust enforcement than their Democratic counterparts, but many of President Donald Trump’s policy positions have not tracked...more

Maureen K. Ohlhausen Appointed as Acting FTC Chairwoman

On January 13, current FTC chairwoman Edith Ramirez announced that she would resign from her position effective February 10, 2017. Ramirez was instrumental in increasing the FTC’s cybersecurity enforcement authority, going...more

Advertising Law - January 2017 #2

SPECIAL FOCUS: Ohlhausen Named Acting Chair of FTC - On January 24, 2017, President Donald Trump designated Maureen Ohlhausen as acting chairwoman of the Federal Trade Commission. Ohlhausen, a Republican, has been...more

Musical Chairs at the FTC—Ohlhausen is New Acting Chairwoman

This month has seen significant changes in the landscape of federal leadership and the changes have now reached the Federal Trade Commission (FTC). On January 13, current Chair Edith Ramirez announced that she would resign...more

Antitrust M&A Snapshot: United States: October – December Update

McDermott’s Antitrust M&A Snapshot is a resource for in-house counsel and others who deal with antitrust M&A issues but are not faced with these issues on a daily basis. In each quarterly issue, we will provide concise...more

Obama Administration Antitrust Enforcers Take Last-Minute IP Licensing Actions

As the Obama Administration drew to a close, its antitrust enforcers took two actions of note for those involved in intellectual property (IP) licensing. The first, the joint release by the U.S. Department of Justice (DOJ)...more

Uncertainty rises about leadership in nation’s top health posts

Although attention has focused on the GOP-promised repeal and replacement of the Affordable Care Act, other big changes also are afoot in the federal government that will have significant effects on health care in this...more

FCC Wireless Bureau’s Staff Report Questions AT&T and Verizon Zero Rating Practices in Mobile Broadband Market…But To What Effect...

On January 11, 2017, the FCC released its most extensive “policy review” of mobile broadband operators sponsored data offerings for zero-rated content and services since the Commission’s 2015 Open Internet Order. ...more

Financial Services Weekly News - January 2017 #2

Editor's Note - In This Issue.The SEC and FINRA released their examination priorities for 2017; the SEC’s Division of Investment Management issued an interpretative letter that would permit brokers to charge their own...more

Will Trump Relax DOJ's Enforcement of Antitrust Laws?

The Obama Administration has made enforcement of the antitrust laws a priority and has aggressively pursued criminal and civil enforcement actions against large corporations for perceived antitrust violations relating to...more

ManattJones Global Strategies - January 2017

CEO’s Executive Summary: This longer-than-normal update covers an eventful few weeks in the Trump transition and in Mexico. The President-elect has nominated or appointed a team responsible for key aspects of U.S.-Mexico...more

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