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Antitrust & Trade Regulation Updates

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:
Polsinelli

FTC Settles Privacy Shield Misrepresentation Claims

by Polsinelli on

The Federal Trade Commission recently entered into settlement agreements with four companies regarding claims that the companies misrepresented their compliance with the EU-U.S. Privacy Shield Framework. ...more

Patterson Belknap Webb & Tyler LLP

As DOJ Reconsiders Watershed Consent Decrees, Claims of Unlawful “Circuit Dealing” Proceed Against Landmark Theaters

Hollywood and the antitrust laws go way back. Indeed, antitrust suits have resulted not only some of the most significant cases in the evolution of American antitrust law, but many of the most consequential developments in...more

WilmerHale

More Bite, Less Bark: Merger Enforcement at the FTC in the Trump Administration

by WilmerHale on

Since the beginning of the Trump Administration, the Antitrust Division of the Department of Justice (DOJ) has captured headlines for its aggressive public stance regarding merger enforcement. Actions attracting attention...more

Hogan Lovells

FTC’s Privacy Shield Enforcement Actions Show Broader Enforcement Lens

by Hogan Lovells on

On September 27, the Federal Trade Commission (FTC) announced proposed settlement agreements with four companies it alleges violated Section 5 of the FTC Act by misrepresenting their certification status and compliance with...more

White & Case LLP

EU issues draft internal compliance programme guidance for dual-use controls

by White & Case LLP on

The European Commission recently issued draft "best practices" guidance on the core elements that companies (and other entities) should include in their internal compliance programmes (ICPs) for trade in dual-use goods,...more

Skadden, Arps, Slate, Meagher & Flom LLP

EU General Court Dismisses Parallel Trade Group’s Dual-Pricing Complaint Against GSK

On September 26, 2018, the EU General Court (the Court) upheld the European Commission’s refusal to reinvestigate GlaxoSmithKline SA’s (GSK) Spanish “dual-pricing” distribution arrangements, 20 years after the alleged conduct...more

King & Spalding

Commissioner Ohlhausen Departs the Federal Trade Commission

by King & Spalding on

Commissioner Maureen K. Ohlhausen departed the Federal Trade Commission (the “FTC”) upon the expiration of her term on September 25th. Sworn in during 2012 as a Republican Commissioner, she later served as the Acting...more

Weiner Brodsky Kider PC

9th Circuit Keeps Autodialer Definition in Line with FTC Guidance from 2015

by Weiner Brodsky Kider PC on

The 9th Circuit Court of Appeals held that the statutory definition of an automatic telephone dialing system included a device that stored telephone numbers to be called and did not depend solely on whether those numbers had...more

Cozen O'Connor

State AGs And SCOTUS: Term Preview

by Cozen O'Connor on

State Attorneys General (“AGs”) continue to be active as both litigants and amici in cases before the U.S. Supreme Court. This term there are several cases with significant State AG amici involvement that implicate important...more

Cozen O'Connor

The State AG Report Weekly Update October 2018 #1

by Cozen O'Connor on

Antitrust= 31 Attorneys General File Amicus Brief Urging U.S. Supreme Court to Allow Indirect Purchasers to Bring Antitrust Lawsuit Against Technology Company- A bipartisan coalition of 31 AGs filed an amicusbrief in...more

White & Case LLP

Does California’s new bill materially impact California health plan mergers?

by White & Case LLP on

In response to the many proposed health insurance mergers in California, Assembly Member Jim Wood1 introduced Assembly Bill No. 595 ("A.B. 595") in February 2017 to strengthen the DMHC’s authority over proposed mergers and...more

Goodwin

House Passes MMA Amendment Requiring FTC and DOJ Review of Biosimilar Patent Litigation Settlements

by Goodwin on

On September 25, 2018, the House of Representative passed the “Patient Right to Know Drug Prices Act” (S.2554). As we previously reported, the Senate passed the bill on September 19, 2018....more

Epstein Becker & Green

DOJ’s Antitrust Division Reiterates Its Stance Against Conduct-Related Remedies

by Epstein Becker & Green on

Under the Trump administration, the Antitrust Division of the U.S. Department of Justice (“DOJ”) (and, to some extent, the Federal Trade Commission) has emphasized its role as an antitrust “enforcer” and not a “regulator.”...more

White and Williams LLP

How a Cybersecurity Antitrust Dispute Could Undermine Confidence in Cybersecurity Products

by White and Williams LLP on

Three of the biggest names in the cybersecurity world, CrowdStrike, Inc., Symantec Corporation and ESET, LLC have been named as defendants in an antitrust lawsuit that alleges they conspired to hamper independent reviews of...more

Jones Day

DOJ Announces Merger Process Reforms: Déjà Vu All Over Again?

by Jones Day on

The Situation: Between 2013 and 2017, the average length of a U.S. Department of Justice ("DOJ") Antitrust Division merger review increased 65 percent to 10.8 months. The Response: DOJ announced reforms to improve...more

WilmerHale

California Enacts Nation’s First Anti-Bot Law

by WilmerHale on

On September 28, California Governor Jerry Brown signed into law S.B. 1001, which makes it illegal “for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead...more

Patterson Belknap Webb & Tyler LLP

Solicitor General, States Weigh In On Apple Supreme Court Case

As the Supreme Court prepares to hear Apple Inc. v. Pepper, a major case involving antitrust standing, interested parties across the political spectrum are weighing in with their ideas of how the case should be resolved....more

Dentons

Lease restriction lands Heathrow Airport with £1.6m parking fine

by Dentons on

Heathrow Airport Limited (HAL) and its parent company, Heathrow Airport Holdings Limited, will be fined £1.6m by the Competition and Markets Authority (CMA) for granting a lease containing an anti-competitive restriction on...more

Goodwin

Comments and Letters to FDA in Response to Biosimilars Action Plan

by Goodwin on

The Association for Accessible Medicines (AAM) and Biosimilars Council submitted comments to FDA two weeks ago regarding “the biosimilars action plan and ways to facilitate competition” in the biosimilars industry....more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

Burns & Levinson LLP

The Path to Greenlighting CBD

by Burns & Levinson LLP on

Last week, the industry was energized by the Drug Enforcement Administration’s order placing certain drugs containing cannabidiol, or CBD, in Schedule V of the Controlled Substances Act. This marks the first time in history...more

Manatt, Phelps & Phillips, LLP

FTC Takes Action on Country of Origin Claims

Taking on “Made in USA” claims, the Federal Trade Commission (FTC) filed two new cases: one against a New York-based company advertising American-made hockey pucks and a second against related recreational and outdoor...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Play for Pay Won’t Go Away: The NCAA Is Again Defending Antitrust Litigation Over Limits on Payments to Student Athletes

The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against...more

Butler Snow LLP

Shoes Make the Man, And Sometimes Spur Lawsuits

by Butler Snow LLP on

Shoe companies like Nike, Adidas, and Under Armour begin courting future NBA stars when the players are in high school with the goal of signing them to endorsement deals when the player goes pro. This past year, the FBI and...more

Garvey Schubert Barer

OTA & Travel Distribution Update - Agoda Homes seeks to gain ground; Direct booking is best according to Australian regulators;...

by Garvey Schubert Barer on

Agoda Homes Seeks To Gain Ground - ("OTAs Booking Holdings’ Agoda Takes a Distinctive Approach on Short-Term Rentals," Skift Travel News on September 21, 2018) For some time now, Agoda has featured short-term rentals on...more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

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Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

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
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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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

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

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:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
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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.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

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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