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Federal Trade Commission (FTC) Distributors

Foley Hoag LLP

Product Liability Update - July 2024

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Cohen & Gresser LLP

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

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The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

BakerHostetler

FTC Takes Nontarget to Court in Robinson-Patman Act Investigation

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There have been reports that the Federal Trade Commission (FTC) is leveraging the long-dormant Robinson-Patman Act as a basis for civil investigations into potential price discrimination by distributors in the alcoholic and...more

Kelley Drye & Warren LLP

Neora Prevails In Landmark Decision For Direct Selling Industry

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Big, BIG win for the direct selling industry, as Judge Barbara Lynn (N.D. Texas) grants judgment for Neora, LLC (formerly Nerium) on all of the FTC’s claims, including that the company was operating an illegal pyramid scheme...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

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If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

Hinch Newman LLP

Direct Seller Defeats FTC Pyramid Scheme Allegations

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In November 2019, the Federal Trade Commission filed a lawsuit against direct selling wellness company Neora, LLC (f/k/a Nerium International, LLC) and its Chief Executive Officer alleging that the company operates as an...more

Cooley LLP

Antitrust Lawsuit by FTC and 10 States Focuses on ‘Loyalty Programs’

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On September 29, 2022, the Federal Trade Commission – alongside a bipartisan coalition of 10 state attorneys general – sued Corteva and Syngenta, challenging “loyalty programs” pursuant to which two of the largest pesticide...more

Jones & Keller, P.C.

MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses

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Nicole Westbrook, Jones & Keller in Denver, Colorado, and Spencer Reese, Reese & Richards in Utah, discuss FTC proposed rules on earnings claims and nonsolicitation clauses for network marketing companies and their...more

Jones & Keller, P.C.

MLM Defense: FTC Earnings Claims and Nonsolicitation Clauses

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Nicole Westbrook, commercial trial attorney at Jones & Keller in Denver, Colorado, and Spencer Reese from the law firm of Reese & Richards in Utah discuss two matters pertinent to network marketing companies and their...more

BakerHostetler

AD-ttorneys@law - April 2022 #2

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We’re all familiar with the promise of non-fungible tokens (NFTs). Businesses are exploring uses for them from video games to concert tickets, and there is a burgeoning marketplace that includes art, music, collectibles and...more

Wilson Sonsini Goodrich & Rosati

Distribution Merger Challenges at the FTC

In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the...more

Harris Beach PLLC

FDA and FTC Take Action Regarding Pandemic-Related Products

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In response to the COVID-19 pandemic, numerous manufacturers and distributors of products ranging from CBD, to herbal products and supplements, to ingestible silver, began to market their products as those that could...more

Lathrop GPM

The Franchise Memorandum - Issue 252 (Distribution Issue)

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Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Periodically, The Franchise Memorandum focuses on topics primarily of interest to companies that use distributors and dealers rather than...more

Mintz - Health Care Viewpoints

Update on FDA’s Comprehensive Regenerative Medicine Policies and Enforcement Activities

Since our 2018 year-end post on the busy FDA regulatory agenda, we are nearing the halfway mark of the “grace period” the Agency has extended for certain regenerative medicine product developers to come into compliance by...more

American Conference Institute (ACI)

[Event] Food Law – Regulation, Compliance and Litigation April 9th - 11th, Chicago, IL

Come to network and brainstorm with top regulatory and compliance executives and legal counsel. ACI’s Food Law conference is the leading forum for in-house counsel for manufacturers, retailers, and distributors, regulatory...more

Foster Garvey PC

OTA & Travel Distribution Update - Keyword restrictions - Part II: 1-800 Contacts case; Trivago's strikethrough pricing practices...

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This week’s OTA & Travel Distribution Update for the week ending April 27, 2018 is below. This week’s Update features a wide variety of stories. I hope you enjoy....more

Perkins Coie

New FTC Complaint Merits Attention of Group Purchasing Organization Suppliers and Participants

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The Federal Trade Commission announced on February 12, 2018, that it has filed an administrative complaint seeking injunctive relief against three large dental supply companies, alleging that they violated the antitrust laws...more

Morgan Lewis

FTC Scrutinizes Dual Distributor Communications

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A dual distribution relationship does not protect against Section 5 liability for an invitation to collude. For the first time, the Federal Trade Commission (FTC) has charged a company with violating Section 5 of the FTC...more

Robinson+Cole Manufacturing Law Blog

Why The Recent Indictments of Nutritional Supplement Executives Matter To All Manufacturers/Distributors

Our firm has substantial experience in representing nutritional supplement manufacturers.  For that reason, the news that the Justice Department and federal agencies (such as the FTC) is engaged in a nationwide sweep of such...more

Mintz

Divestiture Offer Fails to Save Merger Where FTC Wins on Market Definition Based on Customer Type

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Eighteen months after the deal was first announced, Sysco Corporation (“Sysco”) and US Foods, Inc. (“USF”) abandoned their $3.5 billion merger following the Federal Trade Commission’s (the “FTC” or “Commission”) decisive...more

Faegre Drinker Biddle & Reath LLP

Four Things You Should Know About FTC v. Sysco Corp.

On June 29, 2015, following an eight-day evidentiary hearing, a federal district court granted the Federal Trade Commission’s (FTC)request for a preliminary injunction to block an $8.2 billion proposed merger between the two...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Affirms FTC Finding that Rebate Program Served to Unlawfully Maintain Monopoly Power

The Eleventh Circuit recently affirmed a Federal Trade Commission finding that a manufacturer’s rebate program requiring exclusivity from its distributors was an unlawful maintenance of monopoly power under Section 5 of the...more

Mintz

FTC Flushes McWane in a Big Eleventh Circuit Exclusive Dealing Win

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The situations where exclusive dealing policies, explicit or tied to an aggressive discounting program, cross the line under the rule-of-reason remain far from clear. Because it involved appellate review of a Federal Trade...more

Robinson & Cole LLP

Why Manufacturers Should Look At The Federal Trade Commission (FTC)’s Website

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As readers of this blog know, Pam looks at OSHA’s website often to stay up to date on news that impacts manufacturers. I tend to look at the Federal Trade Commission (FTC)’s website to see if there are any recent orders or...more

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