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Antitrust & Trade Regulation Updates

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

THE LATEST: DOJ Continues Its Intense Focus on Decree Compliance

by McDermott Will & Emery on

WHAT HAPPENED - In March, we discussed the US Department of Justice (DOJ) Antitrust Division’s move to update its standard consent decree language to enhance decree enforceability. Among other things, the...more

Gavel to Gavel: Most states may surcharge transactions

by McAfee & Taft on

Few fees frustrate the average business more than those incurred by accepting credit cards. From a practical perspective, refusing credit cards is usually not a viable option. Originally published in The Journal Record |...more

The European Commission Is Considering Opening an Antitrust Probe for Parallel Imports in the Pharmaceutical Sector

by Hogan Lovells on

The European Commission is looking into several parallel imports cases, including in the life sciences industry, with a view to opening formal antitrust investigations, which may eventually lead to fines being imposed....more


by BakerHostetler on

In This Issue: - CARU Corrects Kudos’ COPPA Consent Crack-up - Tech Specs Released for Transparency and Consent Framework - FTC Mutes Alleged Deceptive Amplifier Claims - Business Groups Demand Clarity on Autodialers -...more

FTC approves appointment of Andrew Smith to head Bureau of Consumer Protection

by Ballard Spahr LLP on

I was pleased to see the announcement by FTC Chairman Joseph Simons that the FTC has approved the appointment of Andrew Smith to serve as Director of the agency’s Bureau of Consumer Protection, beginning next week....more

The “SMARTER” Act Moves a Step Closer to Harmonizing the Merger Review Process

by Epstein Becker & Green on

The Federal Trade Commission (“FTC” or “Commission”) and the Antitrust Division of the Department of Justice (“DOJ”) share responsibility for merger enforcement under section 7 of the Clayton Act. However, differences in the...more

Time to Place Your Bets? Key Things to Know about the Supreme Court Sports Gambling Decision

This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision, the Court struck down certain provisions of the...more

Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

Can a Dominant Health Insurer’s Refusal to Negotiate in Good Faith Be Actionable under the Antitrust Laws? Yes, Says a Federal...

by Polsinelli on

On April 23, a federal court in Rhode Island fired a warning shot over the bow of dominant health insurers across the country, holding that a refusal to negotiate in good faith with a healthcare provider that focuses...more

Don’t be a Dummy – FTC Warns against Inadequate Security Controls in “Dummy” (Non-Production) Environments

by Polsinelli on

The FTC recently announced a revised settlement with Uber Technologies, Inc. (“Uber”) in which the ride-sharing company has agreed to expand the proposed settlement it reached with the FTC last year over charges that Uber...more

Scrap Separating/Crushing/Grinding Equipment: Institute of Scrap Recycling Industries Comments on China 301 Tariff List

The Institute of Scrap Recycling Industries (“ISRI”) submitted May 11th comments to the Office of the United States Trade Representative (“Office”) in regards to the Administration’s review in consideration of imposing...more

California Attorney General Brings Action Against Sutter Health Contending its Contracting Practices Violate the Antitrust Laws

The California Attorney General recently filed a precedent-setting antitrust action against Sutter Health, the largest health system in Northern California (People of the State of California v. Sutter Health, Case No....more

Hunting unicorns: German and Austrian Competition Authorities publish draft Guidance Note on Transaction Value Thresholds

by Hogan Lovells on

Since 2017, new merger control thresholds have been in effect in Germany and Austria which do not depend on the revenues generated by the parties but, rather, on the value of the transaction....more

Andrew Smith Named Director of FTC’s Bureau of Consumer Protection

by Kelley Drye & Warren LLP on

Andrew Smith was recently named Director of the FTC’s Bureau of Consumer Protection. With a strong background in financial matters, businesses can expect Smith to focus on issues affecting consumer financial services....more

Electronic Retailing Self-Regulation Program

by Fox Rothschild LLP on

When hoping to resolve advertising concerns or disputes quickly and easily, companies should not only consider utilizing the National Advertising Division (“NAD”), but also the potentially lesser-known Electronic Retailing...more

Sixth Circuit Affirms Dismissal of TCPA Fax Claim Against Third Parties

by Goodwin on

On May 8, 2018, the Sixth Circuit affirmed dismissal of a Telephone Consumer Protection Act (TCPA) claim against Bristol-Myers Squibb and Pfizer. As the Sixth Circuit noted at the start of its opinion in Health One Medical...more

FTC Doesn’t Hide Action Over LendingClub’s Allegedly Hidden Fees

Did a marketplace lender assess its customers “hidden fees”? A Federal Trade Commission suit in federal court accuses Lending Club of making false promises to consumers, then charging hundreds or even thousands of dollars in...more

FDA Approves Hospira’s Epoetin Alfa Biosimilar

by Goodwin on

For just the tenth time since the implementation of the BPCIA, the FDA has approved a biosimilar product. Today, the FDA announced that it has approved Pfizer-subsidiary Hospira’s Retacrit™ (epoetin alfa-epbx) for the...more

FTC Obtains Preliminary Injunction Against Mortgage Relief Operation

by Goodwin on

On May 8, the Federal Trade Commission (“FTC”) announced that the U.S. District Court for the Central District of California granted its request to preliminarily enjoin affiliated California-based debt relief companies from...more

The FTC Shines the Light on Hidden Fees and Hidden Disclosures: A Cautionary Tale for Advertisers

Surely we have all seen those television and online ads promising “no hidden fees” on services. It seems to have become the norm, as banks, mortgage lenders, and other businesses compete to lure consumers, using the promise...more

Industry lawyer expected to be appointed to head FTC Consumer Protection Bureau

by Ballard Spahr LLP on

According to media reports, the FTC is expected to appoint Andrew Smith, an attorney in private practice in Washington, D.C. who currently represents many industry clients, to lead the FTC’s Consumer Protection Bureau.  His...more

Framing Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

We wrote last year about an interesting data-breach lawsuit in federal court in Chicago involving internet-connected toys. The case, called In re VTech Data Breach Litigation, arose after hackers stole personal information...more

Dawn of a New Era in Chinese Merger Control?

by Allen & Overy LLP on

The Chinese merger control landscape evolves as MOFCOM is replaced by the newly created State Administration for Market Regulation (SAMR) as the country’s merger control agency. This change becomes fully effective on 14 May...more

Game On! Federal Appeals Court Revives Antitrust Challenge to Seattle’s Gig Worker Union Organizing Ordinance

by Fisher Phillips on

If you’ve been following the legal fight over Seattle’s 2015 proposal to permit ride-sharing drivers who work for companies such as Uber and Lyft to organize and form the country’s first gig economy unions, you might feel...more

FTC Warning Letters To App Makers Address COPPA Rules

by King & Spalding on

The Federal Trade Commission (“FTC”) has sent letters to two foreign electronics companies warning that their practices of collecting geolocation data from children without their parent’s permission may violate the Children’s...more

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