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Antitrust & Trade Regulation Updates

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

HSR Thresholds Increased for 2018

by Locke Lord LLP on

The FTC has increased the HSR filing thresholds for transactions that will close on or after February 28, 2018. The new 2018 thresholds are slightly higher than the 2017 thresholds, and are as follows: - Size-of-parties...more

From 2020, Russia will introduce a compulsory system for tracking pharmaceuticals from manufacturer to end user

by Dentons on

On December 29, 2017, the RF President signed Federal Law No. 425-FZ of December 28, 2017 On Amendments to the Federal Law On the Circulation of Pharmaceuticals ("Law 425-FZ"). Under Law 425-FZ, in order to ensure effective...more

FTC testimony underscores agency's views on certificate-of-need laws and competition in health care markets

by Dentons on

Staff from the Federal Trade Commission (FTC) appeared before the Alaska Senate Committee on Labor and Commerce on February 6, 2018, to present the FTC’s views on certificate-of-need (CON) laws and to support the repeal of...more

FTC Announces Hart-Scott-Rodino Thresholds for 2018

by Jackson Walker on

On January 29, 2018, the Federal Trade Commission (the “FTC”) published in the Federal Register adjusted jurisdictional and filing fee thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (the...more

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

Can A Lender’s “Robo-Signing” Of A Loan Document Be The Basis For An Unfair Or Deceptive Trade Practice Claim?

by Ellis & Winters LLP on

The financial crisis of 2008 and the subsequent wave of mortgage foreclosures brought to light certain lenders’ practices of “Robo-Signing.” Robo-Signing was a term coined to refer to bank employees’ alleged practice of...more

DOJ Toughens Antitrust Consent Decree Enforcement

by Jones Day on

The Situation: The U.S. Department of Justice Antitrust Division ("DOJ") has adopted new terms in recent consent decrees that enhance DOJ's ability to enforce its settlements, most importantly by lowering the evidentiary...more

FDA, FTC Try to Stop Opioid Cessation Products

Marketers of opioid cessation products received warning letters from the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), cautioning them about unproven claims for the treatment of opioid addiction...more

THE LATEST: Divestitures of Complex Pipeline Pharmaceutical Products off the Table at the FTC

by McDermott Will & Emery on

WHAT HAPPENED: - Bruce Hoffman, acting director of the Bureau of Competition at the Federal Trade Commission (FTC), announced that the FTC will no longer accept divestitures of inhalant and injectable pipeline drugs in...more

Back to the Drawing Board: Brexit to Result in UK-REACH. How Can UK Importers and Manufacturers Best Prepare?

by K&L Gates LLP on

On 6 February 2017, Simon Johnson from the EU Exit Team at DEFRA confirmed to the attendees of a Metal Events Ltd's Forum on REACH that the UK Government is taking a robust line on chemicals regulation as the negotiations on...more

DOJ Antitrust Division Mulls Changes to Indirect Purchaser Rules

This blog has discussed some of the dynamics created by the Supreme Court’s Hanover Shoe and Illinois Brick decisions and state “repealer” laws that attempt to undo their effect. As it turns out, repealer states aren’t the...more

Maine Supplements FTC Weight-Loss Enforcement Action

by Reed Smith on

Marketing Architects, Inc. (“MAI”), an advertising agency specializing in direct response radio and television ads, will pay $2 million in equitable relief to the Federal Trade Commission (“FTC”) and the Office of the...more

Third Circuit Holds Food Manufacturers Have Standing to Seek Damages From Egg Suppliers

Last week, in In re: Processed Egg Products Antitrust Litigation, the U.S. Court of Appeals for the Third Circuit issued a decision holding that purchasers of processed egg products have standing to seek damages from egg...more

2018 EU Trade, Regulatory and Competition Trends

Our “trends for 2018” are only a selection of interesting developments to watch for in 2018. Within the political and legislative cycle of the European Union, 2018 promises to be an eventful year, given that it is the last...more

FTC Keeps Its Hat On Over ‘Made in USA’ Claims

Tipping its hat to the Enforcement Policy Statement on U.S. Origin Claims, the Federal Trade Commission (FTC) filed suit against Bollman Hat Co. and a subsidiary for deceiving consumers with “Made in USA” claims for its hats...more

FTC Settles with Online Talent Search Site over COPPA Violations

by Morgan Lewis on

Earlier this week, the US Federal Trade Commission (FTC) settled a complaint against the operator of an online talent search company, asserting that the talent search company’s collection and disclosure of children’s personal...more

FTC files lawsuit against student loan debt relief companies

by Ballard Spahr LLP on

The FTC has filed a lawsuit in a California federal district court against three interrelated student loan debt relief companies and the individual who is their majority owner for alleged violations of Section 5 of the FTC...more

Sovereign Immunity for State Plaintiffs in Antitrust Class Actions?

The Third Circuit recently denied a petition for rehearing en banc a panel’s earlier decision in the In re Flonase Antitrust Litigation. In that case, the panel decision addressed the degree to which class settlements can...more

Antitrust Division to Criminally Prosecute No-Poaching Agreements

by Bryan Cave on

The Antitrust Division of the Department of Justice (“DOJ”) has indicated that, in the coming months, it intends to criminally prosecute companies that have entered into naked no-poaching agreements for violation of the...more

Keeping Your Social Media Contests Compliant

by Baker Donelson on

Let's say that your marketing department plans to launch a product promotion through dedicated software applications (apps), the Internet, and/or social media, primarily accessed by the target audience on hand-held mobile...more

Blog: The Cooley Outlook for 2018 M&A

by Cooley LLP on

What’s on tap for 2018 M&A? A recap of 2017 trends and the Cooley outlook on this year’s dealmaking: - Buying Innovation: Retention and Non-Competes. For both old-line companies and tech giants, innovation is the name of...more

FTC Gets Restraining Order Against Mortgage Loan Modification Operators

by Weiner Brodsky Kider PC on

The Nevada federal district court recently granted a temporary restraining order (TRO) against a large group of mortgage loan modification operators, following a complaint from the Federal Trade Commission (FTC) which alleged...more

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

by Bass, Berry & Sims PLC on

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

Tried and trusted: US M&A in 2017: Four key trends moving the M&A needle in 2018

by White & Case LLP on

M&A's strategic relevance will ensure transactions continue to close in the face of geopolitical uncertainty. But trends in four areas—taxation, technology, PE, and antitrust—could define the coming year of...more

Appeals Court Rejects DOJ Expansive Interpretation of Music Consent Decree

by Jones Day on

The Background: Since 1941, performing rights organizations ("PROs"), which pool the copyrights held by a work's composer, songwriter, and publisher and collectively license those rights to music users, have been subject to...more

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