News & Analysis as of

Civil Procedure Antitrust & Trade Regulation

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:


by BakerHostetler on

In This Issue: - IAB Alleviates the Anxiety of Influence - FTC Throws Made-in-the-USA Shade - ERSP Finds Whitening Claims Only Slightly Dimmed - Trump Administration Fails to Shock Public with FTC Picks - Camp Drugs’...more

Health Update - March 2018

The Promise of Data-Driven Healthcare: Megatrends for 2018 - Editor’s Note: For state health programs, payers, providers and life sciences companies, data and analytics have become essential to facilitating efficient and...more

Italian Supreme Court Upholds Class Action Ruling on Misleading Advertising

by Jones Day on

The Situation: On January 31, 2018, the Italian Supreme Court ruled on the first Italian product-related class action promoted by a consumers' association. The Result: The Court upheld the consumer's class action claim...more

Attempted Monopolization Suit Based on Alleged Referral Steering Moves Forward with Court’s Acceptance as Plausible of a...

by Mintz Levin on

A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more

Hogan Lovells Represents Sears in Achieving First-Ever Modification to FTC Privacy Consent Order

by Hogan Lovells on

The FTC has approved the first-ever petition to reopen and modify a privacy-related consent order. The petition, filed by Sears Holdings Management Corporation, sought to amend the terms of Sears’ 2009 consent order (the...more

Federal Circuit Rejects Appeal of Walker Process Claim

by Foley & Lardner LLP on

In Xitronix Corp. v. KLA-Tencor Corp., No. 2016-2746 (Fed. Cir. Feb. 9, 2018), the Federal Circuit considered whether it or a regional circuit had jurisdiction over an appeal of a case raising only Walker Process antitrust...more

Ninth Circuit Selected to Hear Consolidated Net Neutrality Appeals

by Kelley Drye & Warren LLP on

On March 8, 2018, the United States Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the Ninth Circuit to hear the petitions for review of the Federal Communications Commission’s...more

Cert Petition Asks How Far Does the Noerr-Pennington Doctrine Extend?

On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more

Walker Process Claims Don’t Belong in the Federal Circuit

by McDermott Will & Emery on

In the continuing tug-of-war between antitrust and intellectual property, the US Court of Appeals for the Federal Circuit transferred a Walker Process claim to the Fifth Circuit for lack of appellate jurisdiction. Xitronix...more

Class Action Roundup: Winter 2018

by Alston & Bird on

Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more

How an Amicus Brief Can Win an Appeal

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact (or a huge impact!) on competition in a market. ...more

Alert: Ninth Circuit Rescues FTC Authority Over Common Carriers’ Non-Carrier Services

by Cooley LLP on

The US Court of Appeals for the Ninth Circuit this week issued an en banc decision reversing an earlier Ninth Circuit panel order that had found the Federal Trade Commission has no authority over “common carriers,” including...more

Healthcare Law Update: February 2018

by Holland & Knight LLP on

Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more

Support for FTC Jurisdiction Over Broadband:  Ninth Circuit En Banc Rules  Common Carrier Exemption is “Activity,” and not...

by Kelley Drye & Warren LLP on

The Republican-led FCC’s effort to get out of the business of regulating broadband providers’ consumer practices took a step forward on Monday. In an appeal that has been proceeding in parallel with the FCC’s “Restoring...more

Members of the Berkshire Museum Ask Supreme Judicial Court to Stop Berkshire Museum’s Deaccession Plan

by Sullivan & Worcester on

(Boston, MA, February 26, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg filed today a brief with the Supreme Judicial Court of Massachusetts asking the...more

2017 Statute of Limitations Roundup: Courts Disagree About Applicability of “Continuing Violation” Doctrine in Antitrust Actions

2017 saw three notable decisions concerning the applicability of the “continuing violation” doctrine in antitrust cases. We discuss below three cases that have taken different approaches in their treatment of this...more

Third Circuit Establishes New Framework for Determining Direct Purchaser Standing in Price-Fixing Litigation

by Bryan Cave on

In a decision with broad implications for future antitrust litigation, the Third Circuit recently established a framework for determining antitrust standing in circumstances where a direct purchaser plaintiff has alleged the...more

"No-poaching” agreement takes center stage in class certification case against backdrop of heightened federal scrutiny

by Dentons on

Now when the US Department of Justice (DOJ) is expected to bring its first criminal antitrust cases based on “no-poaching” agreements, a recent federal district court decision in Seaman v. Duke University1 highlights the...more

Health Update - February 2018

Hospitals and Health Systems Prepare for a Value-Based Future - Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives...more

ITC Reiterates the Importance of Quantitative Evidence to Establish a Domestic Industry

by Knobbe Martens on

International Trade Commission - On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the...more

The Federal Antitrust and Labor Law Double Bind: The Ninth Circuit Hears Oral Argument in Challenge to Seattle’s Ordinance...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On Monday, February 5, 2018, the U.S. Chamber of Commerce’s lawsuit challenging the City of Seattle’s ordinance allowing independent-contractor drivers to engage in collective bargaining was before the U.S....more

EU Court ruling on how off-label use is to be analysed under competition law

by White & Case LLP on

On 23 January 2018, the Grand Chamber of the Court of Justice ("ECJ") delivered its judgment on preliminary reference from the Italian State Council in the Roche case, which concerns the off-label use of Avastin for the...more

Xitronix Corporation v. Kla-Tencor Corporation

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Mayer, and Hughes. Appeal from U.S. District Court for the Western District of Texas. Summary: The Federal Circuit...more

THE LATEST: Walker Process Claims Don’t Belong in the Federal Circuit

by McDermott Will & Emery on

The Federal Circuit held Walker Process Claims without a “substantial” patent issue can be heard outside the Federal Circuit based on the US Supreme Court decision in Gunn v. Minton....more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

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