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Administrative Agency Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
Thomas Fox

Trekking Through Compliance-Episode 71-The Mark of Gideon

by Thomas Fox on

In this episode of Trekking Through Compliance, we consider the episode The Mark of Gideon which aired on January 11, 1969, Star Date 5423.4. Compliance Takeaways: 1. Why is compliance needed at the Board level? 2. How...more

Dechert LLP

EU seeks to impose interim measures in Broadcom antitrust probe

by Dechert LLP on

In a potentially ground-breaking move, the European Commission recently announced its intention to use its powers to impose interim measures in an investigation targeting chipmaker Broadcom. If it does impose such measures,...more

Thomas Fox

Trekking Through Compliance-Episode 40 – Friday’s Child

by Thomas Fox on

In this episode of Trekking Through Compliance, we consider the episode Friday’s Child which aired on December 1, 1967, Star Date 3497.2. Compliance Takeaways: 1. The three C’s of leadership. 2. How do you react when...more

Thomas Fox

FCPA Compliance Report-Episode 434, Brandon Daniels on Using Investigations to Drive Continuous Improvement

by Thomas Fox on

In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, who is the President of Global Technology Markets for Exiger. Daniels is regulatory expert and technology practitioner, bringing more than 15 years...more

Ropes & Gray LLP

U.S. International Trade Commission

by Ropes & Gray LLP on

Matt Rizzolo, Ropes & Gray IP litigation partner, examines the various operations of the U.S. International Trade Commission (USITC) in an increasingly global world. ------------------- Transcript: I’m Matt Rizzolo, an IP...more

Weiner Brodsky Kider PC

FTC Issues Final Rule Rescinding Certain FCRA Model Forms and Disclosures

by Weiner Brodsky Kider PC on

The FTC recently issued a Final Rule which rescinds several FCRA Model Forms and Disclosures associated with rules and authorities which were transferred to the CFPB by Dodd-Frank....more

Mintz - Intellectual Property Viewpoints

ITC ALJ McNamara in Apple-Qualcomm Investigation: Exclusion Orders Are Incentives to Design- Around

In her April 16, 2019 Public Interest Findings, Administrative Law Judge (“ALJ”) McNamara decisively stated that antitrust issues disguised as competitive conditions arguments are not a factor in the International Trade...more

Thomas Fox

Compliance into the Weeds: Episode 119-Rule Making Power Grab

by Thomas Fox on

Some of the highlights include: 1. This is a significant power grab by the White House. 2. What is OIRA and can the White House force all new regs and guidance go through it before Congress considers them? 3. Will...more

Foley Hoag LLP

The History of Rebates in the Drug Supply Chain and HHS’ Proposed Rule to Change Safe Harbor Protection for Manufacturer Rebates

by Foley Hoag LLP on

Excerpt: I. Introduction - In February of 2019, the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) issued a Proposed Rule that, if adopted, would upend the current prescription drug...more

Epstein Becker & Green

Third Circuit Curtails FTC’s Ability to Seek Judicial Review of Past Antitrust Violations

by Epstein Becker & Green on

The Federal Trade Commission Act (“Act”) declares “unfair methods of competition to be unlawful” and gives the Federal Trade Commission (“FTC”) multiple tools to combat such conduct. Section 5(b) of the Act provides the FTC...more

Mintz - Intellectual Property Viewpoints

Commission Reverses Apple Infringement Finding, Thereby Mooting the Public Interest Inquiry...For Now

On March 26, 2019, the International Trade Commission issued its Final Determination in Certain Mobile Electronic Devices and Radio Frequency and Process Components Thereof, 337-TA-1065. The 1065 Investigation is one of...more

Akin Gump Strauss Hauer & Feld LLP

The U.S. Court of International Trade Imposes Limits on Commerce’s Scope Enforcement Activities

Over the last decade, the U.S. Department of Commerce and U.S. Customs & Border Protection (CBP) have stepped up their enforcement activities. Those efforts have resulted from additional appropriations and new investigatory...more

Mintz - Intellectual Property Viewpoints

Designing Around a Monopoly: the Public Interest Dispute between Qualcomm and Apple Takes a New Turn

As we mentioned in December, the International Trade Commission issued a notice to review the Final Initial Determination and Recommended Determination issued by Administrative Law Judge Pender in Certain Mobile Electronic...more

Hogan Lovells

With the Statutory Deadline Approaching, FDA Issues a Proposed Sunscreens Rule

by Hogan Lovells on

On February 26, FDA published the proposed rule, “Sunscreen Drug Products for Over-the-Counter Human Use,” which describes the conditions under which Over-the-Counter (OTC) sunscreen monograph products are generally...more

Foley Hoag LLP

Antitrust Implications of HHS' Proposed Rule to Limit Manufacturer Rebates - March 2019

by Foley Hoag LLP on

In February of 2019, the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) issued a Proposed Rule that, if adopted, would upend the current prescription drug rebate system. According to HHS-OIG,...more

Locke Lord LLP

FTC v. Shire ViroPharma

by Locke Lord LLP on

The U.S. Court of Appeals for the Third Circuit affirmed the district court’s dismissal of ?the FTC’s complaint against Shire ViroPharma, rejecting the FTC’s argument that Section 13(b) ?of the FTC Act is “satisfied by...more

Dechert LLP

The Third Circuit Clips the Federal Trade Commission’s Wings in FTC v. Shire ViroPharma

by Dechert LLP on

On February 25, 2019, the Third Circuit held that the Federal Trade Commission cannot bring litigation in federal court based on past conduct, absent factual allegations demonstrating that a defendant “is violating or is...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Antitrust Authority Seeks Powers to Increase Merger Scrutiny, Issue Sectoral Interim Regulations and Weaken Judicial...

On 21 February 2019, the U.K. Competition and Markets Authority (CMA), at the U.K. government’s request, set out ‘wide-ranging and radical’ proposals to reshape U.K. competition enforcement and consumer protection regime....more

Foley & Lardner LLP

Will Congress Override State Net Neutrality Laws?

by Foley & Lardner LLP on

Way back in the dark ages in May 2011 (about 2,345 Internet years ago) I wrote a column about Net neutrality, which was in court at the time. For those of you who are not sure, "Net neutrality" is short for "Internet...more

Wilson Sonsini Goodrich & Rosati

FDA Outlines New Efforts to Strengthen and Modernize Its Regulation of Dietary Supplements

Dietary supplements are big business. Three out of four Americans take a dietary supplement, and the rate rises to four out of five among older Americans. Dietary supplements are a $40 billion dollar industry, with between...more

Dentons

France and Germany published a joint manifesto on development of a European industrial policy

by Dentons on

On 19 February, France and Germany published a joint manifesto calling for the development of a European industrial policy to ensure the global competitiveness of European manufacturing industries. The industrial strategy is...more

Morgan Lewis

FTC Raises Hart-Scott-Rodino Thresholds Following ‘Government Shutdown’

by Morgan Lewis on

Transactions closing in mid-March will be subject to increased HSR Act jurisdictional and filing fee thresholds....more

Wendel, Rosen, Black & Dean LLP

“C” is for “Confusion” When It Comes to CBD

The regulatory status of a food ingredient is governed by certain bright line rules. Any substance that is reasonably expected to become a component of food is a food additive. A food additive is subject to premarket...more

Jones Day

Commission Cleans Up Remedies for Robotic Vacuum Cleaners

by Jones Day on

While it is well understood that the ITC can issue an exclusion order to stop the importation of articles found to infringe a patent, it is not as well known that such orders can also prevent certain domestic activities. A...more

Dentons

Competition Law Update: Formation of the Myanmar Competition Commission

by Dentons on

The Myanmar Competition Commission (the Commission) was established pursuant to Notification 106/2018 dated 31 October 2018, and various members of the Commission were appointed. The Union Minister for Commerce will act as...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

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Collection of Information

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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