Antitrust & Trade Regulation Updates

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Auction service providers under investigation for suspected anti-competitive practices in UK

On 22 November 2016, the Competition Market Authority (CMA) announced the opening of an initial investigation into suspected breaches of competition law in relation to the supply of auction services in the UK. The CMA...more

It’s Easier for Employers to Sue for Data Theft

Why a Ninth Circuit decision and an amendment to the Economic Espionage Act change the landscape. Two new developments this past year have made it easier for employers to sue employees in federal court for stealing data...more

FTC Complaint Filed Against IoT Businesses

This Tuesday, a consortium of consumer protection and children’s privacy groups filed a Federal Trade Commission (“FTC”) complaint against Genesis Toys (“Genesis”) and Nuance Communications, Inc. (“Nuance”) in connection with...more

The CMA obtains its first disqualification undertaking from a director for competition law infringement

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may...more

FTC Complaint Made Against Genesis Toys and Nuance Communications

On December 6, 2016, The Electronic Privacy Information Center, The Campaign for a Commercial Free Childhood, The Center for Digital Democracy and Consumers Union filed a Complaint and Request for Investigation, Injunction...more

NIST Cybersecurity Framework

Businesses today have their work cut out for them. Small or large, no organization is immune from cybersecurity threats. Added pressures arise from stepped up government regulatory oversight and enforcement that targets an...more

Looking for a Mind at Work: The FTC Presents a Staff Summary of its September 2016 Workshop on Disclosure Effectiveness

Quietly, the Federal Trade Commission staff published a summary of the workshop it convened on September 15, 2016 (“Putting Disclosures to the Test”). The summary goes into detail and generally presents an accurate and...more

Advertising Law - December 2016

$30M Judgment for Green Coffee Weight Loss Defendant - An executive behind a green coffee weight loss product scam was hit with a $30 million judgment in a recent Federal Trade Commission action in Florida federal...more

Managing the Transition to Transformation: Antitrust Considerations When Forming Provider Contracting Networks

McDermott’s Managing the Transition to Transformation series is designed to help health systems and other health care industry leaders address the many challenges presented by the transformation in payment and care delivery...more

Feds Target HR Professionals For Criminal Violations Of Antitrust Laws

The Department of Justice (DOJ) Antitrust Division and the Federal Trade Commission (FTC) recently announced they are increasing their efforts to criminally prosecute employers and individuals who engage in certain behaviors...more

Judge Rejects Joint Defense Privilege Claim; Orders Would-be Merger Partners to Produce Sensitive Emails to DOJ

On October 14, 2016, a federal judge in Washington, D.C., ruled that two companies could not claim a joint defense privilege for certain sensitive emails they had exchanged in connection with their proposed merger. ...more

FTC to Collect and Analyze Class Settlement Data

On Nov. 14, 2016, the Federal Trade Commission (FTC) announced it issued orders to eight unidentified claims administrators, requiring them to divulge information on class settlement notification procedures and the response...more

Financial Services Weekly News - December 2017

Editor's Note - OCC to Move Forward with Federal FinTech Charter. In a development foreshadowed in the April 6, June 29 and September 14 editions of the Roundup, on December 2, the Office of the Comptroller of the...more

Director liability for competition law breaches - the CMA's first UK director disqualification

Financial penalties being imposed on companies for breaches of competition law are well known, particularly because of the very significant amounts involved. However, fines are only one aspect. In the UK, along with lots of...more

Changes to Chile’s Competition Law

Chile has amended its Competition Law to “consolidate [its] leadership as a sophisticated agency in Latin America.” The amendments, which were published in a new law on 30 August 2016, include the introduction of...more

December Antitrust Bulletin

On Nov. 1, 2016, the Federal Trade Commission (FTC) issued a press release announcing that the FTC and the Department of Justice’s (DOJ’s) Antitrust Division are seeking public comment on proposed Antitrust Guidelines for...more

Aetna and Humana Go to Battle With Regulators Over Multi-Billion Dollar Merger

The trial over Aetna and Humana's $37 billion proposed merger kicked off today in a Washington, D.C. federal court. At issue is whether the companies' merger would substantially lessen competition in the market for...more

Regulatory and business challenges to fintech M&A

Fintech's wealth of opportunities is attracting interest—yet the uncertainty of its future direction means the financial services industry needs to tread carefully. As exciting as the growth of fintech has been over...more

Food and Beverage Law Update: December 2016

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

President Applies Authority under CFIUS to Prohibit Acquisition of the U.S. Business of A German Technology Company by A...

As we discussed in a recent alert, the Committee on Foreign Investment in the United States (CFIUS) refused to approve the proposed $710 million acquisition of Aixtron GE, a German-based technology company, by Grand Chip...more

FTC Releases Report on the “Sharing Economy” for Internet-Based Services

Last month, the FTC released a staff report entitled “The ‘Sharing’ Economy: Issues Facing Platforms, Participants, and Regulators,” that assesses evolving business models relying on internet and app-based “sharing economy”...more

FTC Settles with Data Broker

On November 30, 2016, the Federal Trade Commission (“FTC”) announced a settlement with Jason A. Kotzker, the purported owner and member of two separate data broker companies: Sequoia One, LLC and Gen X Marketing Group, LLC. ...more

FERC energy trading compliance white paper

Enforcement staff at the Federal Energy Regulatory Commission have released a white paper presenting their view of effective practices to ensure energy trading complies with prohibitions against market manipulation. The...more

New Guidance for HR Professionals Regarding Wage-Fixing and No-Poaching Agreements Highlights New Focus on Criminal Prosecutions...

In October, the Department of Justice (“DOJ”) Antitrust Division and the Federal Trade Commission (“FTC” and collectively the “Antitrust Agencies”) jointly issued new guidance for Human Resource professionals regarding...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

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