News & Analysis as of

Federal Trade Commission (FTC) Suppliers

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Jones Day

UK CMA Continues Focus on Groceries with Market Study into Baby Formula

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The UK Competition and Markets Authority ("CMA") launched a market study on 20 February 2024 into baby formula, the latest development in a broader focus on the food and grocery sector....more

Foley & Lardner LLP

Foley Automotive Update - November 2023 - 2

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This update helps automotive suppliers inform their legal and operational decisions to help address challenges and opportunities. Key Developments - Labor negotiations between the UAW and Detroit Three automakers...more

Paul Hastings LLP

Key Takeaways from the National Cybersecurity Strategy

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On March 3, 2023, the White House released the National Cybersecurity Strategy. The White House described this as the blueprint for a long-term effort by the Biden administration in cooperation with Congress and the private...more

Kelley Drye & Warren LLP

FTC Addresses Supplier Due-Diligence for Made In USA Claims

As we’ve noted in other posts, an FTC rule prohibits companies from stating or implying that a product is made in the USA unless: (1) the final assembly or processing of the product occurs in the USA; (2) all significant...more

Proskauer - Minding Your Business

FTC Announces Inquiry into the Infant Formula Shortage

On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more

Cadwalader, Wickersham & Taft LLP

FTC Sues to Block Lockheed’s Proposed Acquisition of Aerojet Rocketdyne in Milestone Defense Industry Vertical Challenge

The Federal Trade Commission (“FTC”) filed suit yesterday to block Lockheed Martin Corporation’s proposed $4.4 billion acquisition of Aerojet Rocketdyne Holdings Inc., announced back in December 2020. Aerojet, the last...more

Cozen O'Connor

FTC Seeks Information to Study Causes and Impacts of Supply-Chain Disruptions

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The Federal Trade Commission (“FTC”) issued orders under Section 6(b) of the FTC Act to nine large retailers, wholesalers, and consumer good suppliers requiring them to provide information for a study examining recent...more

Spirit Legal

[Webinar] US Privacy Laws for German Businesses - June 30th, 3:30 pm CET

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First we take Sacramento, then we take Berlin: How do US data protection laws affect how you do business. The webinar is aimed at in-house or outside counsel, as well as data protection and compliance officers. In this...more

Holland & Knight LLP

President Biden Signs Executive Order Strengthening Buy American Rules

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President Joe Biden signed an Executive Order on Jan. 25, 2021, "Ensuring the Future is Made in All of America by All of America's Workers" (E.O.), aimed at strengthening Buy American provisions. The E.O. was one of a number...more

Stradling Yocca Carlson & Rauth

Made In the U.S.A.?

With President Trump and Joe Biden squaring off in the upcoming Presidential election, the topic of job creation in America has become a focal point of both campaigns, and as usual, the candidates have been showering praise...more

Hogan Lovells

Ninth Circuit rules in favor of Qualcomm, distancing antitrust law from FRAND disputes

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On 11 August 2020, a panel of the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in a unanimous opinion by Judge Callahan, reversed the U.S. Federal Trade Commission’s (“FTC’s”) win in the district court...more

Seyfarth Shaw LLP

Antitrust Enforcers Issue Vertical Merger Guides

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On June 30, 2020 the Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) jointly issued new guidelines on how antitrust enforcers evaluate “vertical” mergers—mergers between suppliers and...more

Carlton Fields

The Latest “Hipster Antitrust” Battleground – Vertical Merger Enforcement

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On January 10, 2020, the Department of Justice and the Federal Trade Commission released for comment a draft of their Vertical Merger Guidelines, the first update since 1984....more

Robins Kaplan LLP

Financial Daily Dose 8.26.2019 | Top Story: Amgen to Pay More Than $13 Billion for Otezla

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Amgen will pay $13.4 billion in cash to buy psoriasis treatment Otezla, a deal that will “pave the way for Bristol-Myers Squibb to complete its acquisition of Celgene” by addressing “regulatory concerns over their union”....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

Burr & Forman

Lowered Risk for Inventors Who Use Contract Product Development or Manufacturing

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On July 11, in The Medicines Company v. Hospira, Inc., the Federal Circuit held that a contract manufacturer's sale of manufacturing services to an inventor did not constitute a commercial sale of the patented invention for...more

K&L Gates LLP

Having The “Are You Operating an (Illegal) Franchise System Without Knowing It?” Conversation

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Franchising laws are very broad in scope and may inadvertently encroach upon standard licensing or distribution agreements. The repercussions for operating an illegal (or more likely inadvertent) franchise system can be very...more

Faegre Drinker Biddle & Reath LLP

Amended Fred Meyer Guides Account for Rise of Online Business, Otherwise Remain Largely Unchanged

On November 10, 2014, the Federal Trade Commission's (FTC) first amendments in 20 years to the so-called Fred Meyer Guides will take effect. The Guides give direction to manufacturers, wholesalers and other suppliers seeking...more

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