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Science, Computers & Technology Antitrust & Trade Regulation

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Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

by Morrison & Foerster LLP on

On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...more

FDA Approves Ixifi® (infliximab-qbtx), Third Biosimilar of Remicade® in U.S.

by Goodwin on

The FDA announced that it has approved Pfizer’s Ixifi® (infliximab-qbtx) as a biosimilar to Remicade®. Ixifi® is indicated for the treatment of most of the same conditions as its reference product: Crohn’s disease, pediatric...more

AD-ttorneys@law

by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

FDA Approves Sanofi’s Admelog, the First Short-Acting Follow-On Insulin

by Goodwin on

The FDA granted final approval of Sanofi’s 505(b)(2) application for Admelog yesterday. According to the FDA, Admelog is a follow-on product that, for approval, relied in part on FDA’s finding of safety and effectiveness of...more

FDA Releases New “Refuse to File” Guidance

by Goodwin on

The FDA has announced a draft guidance, titled “Refuse to File: NDA and BLA Submissions to CDER.” The guidance is intended to clarify the circumstances where the CDER (Center for Drug Evaluation and Research) may refuse to...more

Competition Bureau releases draft FinTech recommendations for policymakers

by Dentons on

On November 6, 2017, the Competition Bureau (the “Bureau”) published its report on the Canadian financial services sector and FinTech. The report examined a wide range of FinTech activities and focused heavily on retail...more

Article 29 Working Party Sets Deadline to Address Privacy Shield Concerns

by Hogan Lovells on

Hot on the heels of the European Commission’s official review of the functioning of the EU-U.S. Privacy Shield framework, the Article 29 Working Party (Working Party) of EU data protection regulators has issued its own report...more

Ascertainability & In Re Nexium – The Side-Effects Continue

by Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Third Circuit Splits with the Seventh Over Standing To Sue For Alleged Inefficient Design of Eye Drop Dispenser

In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated to optimize the...more

Pfizer Accuses J&J of Anticompetitive Business Practices over Remicade Biosimilar

by Knobbe Martens on

In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar, Celltrion’s partner Pfizer has filed a suit against...more

FDA Commissioner Announces Plans to Streamline Approval Process for Headline-Grabbing Products

by Dorsey & Whitney LLP on

Last week, Dr. Scott Gottlieb, Commissioner of the FDA, touched on two issues that have frequented headlines in the past two years. First, in remarks made on November 28, 2017, Commissioner Gottlieb expanded on plans to...more

FDA Webinar To Discuss the Regulatory Framework and the Development and Approval of Biosimilar Products in the U.S.

by Goodwin on

Next Tuesday (December 5) between 1:00-2:30pm (EST), FDA’s Division of Drug Information is presenting a webinar titled an “Overview of the Regulatory Framework and the Development and Approval of Biosimilar Products in the...more

Sears Petitions to Change Its 8-Year-Old FTC Privacy Settlement Order

by Reed Smith on

On October 30, 2017, Sears Holding Management Corporation (“Sears”) petitioned the Federal Trade Commission (“FTC”) to reopen and modify the settlement to which they agreed in 2009. At that time, Sears agreed to a consent...more

Bringing Geolocation Into Focus

by BakerHostetler on

With another Thanksgiving and another Black Friday having come and gone the holiday shopping season is in full swing yet again. As brick-and-mortar retail continues to experience a decline in favor of more convenient...more

The Latest Trends in Drug Monopolies

by Zelle LLP on

Brand-name pharmaceutical companies employ a variety of strategies to preserve and extend their branded drug products’ monopolies. Challenges by generic drug manufacturers and consumers to those efforts as allegedly...more

The French Competition Authority Wants to Lower Prices of Pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority (“FCA”) announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Antitrust, Competition and Economic Regulation Quarterly Newsletter - Autumn 2017

by Hogan Lovells on

First come, first served. That’s not the principle behind the clearance of Bitcoin transactions. Equally for other blockchain technology networks, the relevant factor to get a transaction on the next available block is not...more

The French Competition Authority wants to lower prices of pharmaceuticals

by Hogan Lovells on

On November 21, 2017, the French Competition Authority ("FCA") announced the launch of a new sector inquiry relating to the functioning of competition in the pharmaceutical sector....more

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

To Disclose or Not To Disclose: The FTC’s Dueling Concurrences over Deceptive Omissions in Lenovo

On September 5, 2017, the Federal Trade Commission (FTC) announced that it and 32 state attorneys general had settled charges with Lenovo, Inc., regarding the company’s practice of pre-loading advertising software on its...more

Sears Petitions FTC to Reopen and Modify 2009 Order Concerning Online Browsing Tracking

The Federal Trade Commission (FTC) is seeking public comment on a petition by Sears Holding Management requesting that the FTC reopen and modify a 2009 FTC order settling charges that Sears failed to disclose adequately the...more

Unfair And Deceptive Trade Practices Claims In Data-Breach Lawsuits

by Ellis & Winters LLP on

Section 5 of the Federal Trade Commission Act provides a powerful tool for the federal government to regulate companies’ data-security practices. Rather than adopt specific data-security standards, the FTC often uses Section...more

Northern District of California Drops FTC Unfairness Claim Against D-Link Systems

The U.S. District Court for the Northern District of California recently issued a mixed ruling on D-Link Systems’ motion to dismiss in FTC v. D-Link Sys., Inc. D-Link sells routers and Internet protocol (IP) cameras that it...more

#MarketingLaw – Fake News, Auto-Renewal Subscription Plans, Influencers and the Latest from the FTC

by Dorsey & Whitney LLP on

We are back from the 2017 ANA/BAA Marketing Law Conference, Break Through: Legal Strategies for Dynamic Businesses. It was a great three days in Chicago of educational seminars and networking with colleagues, clients, friends...more

Keep It Concrete, Ad Groups Urge FTC

In new comments filed in advance of a workshop on “informational injury,” a coalition of advertising groups encouraged the Federal Trade Commission to take action in cases involving privacy or data security issues only when...more

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