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Administrative Hearings Federal Trade Commission (FTC)

Venable LLP

Unpacking the FTC’s Negative Option Rule Informal Hearing

Venable LLP on

Earlier this week, the Federal Trade Commission (FTC) held its informal hearing on the proposed amendments to the Negative Option Rule. Clearly on display was not only industries’ concern about the impact of the proposed...more

Troutman Pepper Locke

Supreme Court Unanimously Holds That Companies Can Bring Constitutional Challenges Against Federal Agencies in Court Without...

Troutman Pepper Locke on

On April 14, the U.S. Supreme Court issued a unanimous decision in related cases, Axon Enterprise, Inc. v. Federal Trade Commission (FTC) and Securities and Exchange Commission (SEC) v. Cochran, holding that constitutional...more

BakerHostetler

FTC Brings the Supreme Court Together Again

BakerHostetler on

For those of you who worry about the partisan divide in our country, it’s nice to know that the Federal Trade Commission (FTC or Commission) has once again brought an often sharply divided Supreme Court to unanimity....more

Dorsey & Whitney LLP

The Supreme Court Update - April 14, 2023

Dorsey & Whitney LLP on

Today, the Supreme Court of the United States issued one decision: Axon Enterprise, Inc. v. FTC and SEC v. Cochran, Nos. 21-86, 21-1239: These cases address the proper timing and venue for asserting constitutional...more

Hogan Lovells

FTC’s preliminary injunction win in hospital merger shows importance of deal and planning documents

Hogan Lovells on

On 4 August 2021, the District Court of New Jersey granted the Federal Trade Commission’s (FTC) motion for preliminary injunction, preventing Hackensack Meridian Health (HMH) and Englewood Healthcare (Englewood) from closing...more

King & Spalding

FTC Wins Sanford Health/Mid Dakota Merger Appeal in Eighth Circuit

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On June 13, 2019, the Eighth Circuit affirmed the district court’s grant of a preliminary injunction blocking the proposed merger of North Dakota healthcare providers Sanford Health, Sanford Bismarck (collectively, “Sanford”)...more

Skadden, Arps, Slate, Meagher & Flom LLP

FTC Holds New Hearing on Merger Retrospectives

On April 12, the Federal Trade Commission held a hearing to debate the extent to which the FTC should use retrospective reviews to strengthen merger enforcement. This was the latest in the series of hearings on Competition...more

Latham & Watkins LLP

FTC Hearing Considers Collusive, Exclusionary, and Predatory Conduct on Digital Platforms

Latham & Watkins LLP on

Third FTC hearing on Competition and Consumer Protection in the 21st Century considers calls for additional scrutiny in multi-sided digital platform industries. On October 15, 16, and 17, 2018, the Federal Trade Commission...more

Latham & Watkins LLP

FTC Hearing Reconsiders the Consumer Welfare Standard and Labor Markets

Latham & Watkins LLP on

Second FTC hearing on Competition and Consumer Protection in the 21st Century features calls for the Commission to look beyond consumer welfare. On September 21, 2018, the Federal Trade Commission (FTC, or the Commission)...more

Robinson & Cole LLP

LabMD files Motion to Exclude Exhibits as it gears up for May 5th hearing with FTC

Robinson & Cole LLP on

The litigation between LabMD and the FTC is not mellowing. Last week, LabMD filed a Motion to Exclude the FTC’s admission of all Tiversa documents during the FTC administrative hearing scheduled for May 5th....more

Patterson Belknap Webb & Tyler LLP

Court Sets Date for Preliminary Injunction Hearing in Sysco-U.S. Foods Antitrust Case

This past Wednesday, Judge Amit Mehta of the U.S. District Court for the District of Columbia set a hearing from May 5 through May 8, with up to three additional days if necessary, to consider the FTC’s request for a...more

Davis Wright Tremaine LLP

D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various...more

King & Spalding

Georgia Department of Community Health Ruling Jeopardizes FTC Action Against Phoebe Putney Health System, Inc.

King & Spalding on

On October 6, Ellwood F. Oakley III, an administrative hearing officer at Georgia’s Department of Community Health, reversed an initial staff determination that a new Certificate of Need (CON) would not be required if Phoebe...more

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