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Documents on antitrust trade regulation
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|Food and Drug Alert: California Appellate Court Holds That Reproductive Toxicants Can Be Averaged Over Time When Determining Exposure Under Proposition 65|
Leslie T. Krasny; Keller and Heckman LLP;
March 27, 2015, previously published on March 20, 2015In Environmental Law Foundation (ELF) v. Beech-Nut Nutrition Corp., (court opinion), the California Court of Appeal for the First Appellate District held that in appropriate circumstances, exposures to reproductive toxicants may be averaged over time under Proposition 65, otherwise known as the...
|FTC Looks to Accelerate Oncology Drug Growth by Requiring Novartis to Divest Two Protein Inhibitors in Its Clinical Development Pipeline|
Timothy J. Slattery, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 27, 2015, previously published on February 27, 2015The Federal Trade Commission (“FTC”) on Monday completed its review of Novartis AG’s (“Novartis”) proposed $16 billion acquisition of GlaxoSmithKline’s (“GSK”) oncology drug portfolio with an announced consent decree that requires limited divestitures...
|Health Care Competition Follow-up Exam: Highlights from the Second FTC/DOJ “Examining Health Care Competition” Workshop|
Farrah Short; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 27, 2015, previously published on March 2, 2015Last week, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) co-hosted the second installment of their public workshop series, “Examining Health Care Competition.” Complementing last year’s focus on trends and innovation in the health care industry, this...
|NLRB Tightens Arbitration Deferral Standards|
Peter R. Rich; Spilman Thomas & Battle, PLLC;
March 27, 2015, previously published on February 25, 2015The National Labor Relations Board (“Board” or “NLRB”) has long limited its involvement in disputes between employers and unions concerning labor agreements that provide for binding arbitration where the disputes involve allegations of contractual violations and unfair labor...
|No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board|
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
March 27, 2015, previously published on February 26, 2015On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state agency, was not exempt from federal antitrust laws when it sent 47...
|Brasil: CADE Aprova Nova Regulamentação Sobre o Procedimento de Consulta|
Eduardo Molan Gaban, Natali de Vicente Santos; Mayer Brown LLP;
March 27, 2015, previously published on March 19, 2015On March 11th 2015, the Brazilian Antitrust Authority, the Administrative Council for Economic Defense - CADE, passed a new resolution on the enquiry procedure stipulated under Law no 12.529/2011. The new regulation came into force on March, 17th, 2015, when it was published in the Brazilian...
|Antitrust Alert: Supreme Court Requires State Supervision of Professional Boards to Secure Antitrust Immunity|
Kenneth W. Field, Michael H. Knight, Hashim M. Mooppan, Bevin M.B. Newman, Toby G. Singer; Jones Day;
March 27, 2015, previously published on March 2015In an important decision, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim "state action" antitrust immunity unless it is actively supervised by other...
|Food Court Report: Plaintiffs Challenging Food Labels May Be Required to Conduct Expensive Consumer Perception Surveys to Demonstrate Deception|
Douglas J. Behr; Keller and Heckman LLP;
March 27, 2015, previously published on January 15, 2015A federal judge in California recently made it more difficult for plaintiffs to demonstrate that food labels are misleading. The judge's ruling points to the need for consumer perception surveys to demonstrate that consumers were misled by allegedly false food labels. Consumer perception surveys...
|Takeaways from the Ninth Circuit’s Opinion Affirming the FTC’s Victory Against the St. Luke's/Saltzer Merger|
Andrew J. Forman, Daniel J. Howley, Jonathan S. Kanter, Charles F. (Rick) Rule, Eric Sega; Cadwalader, Wickersham & Taft LLP;
March 26, 2015, previously published on February 12, 2015On February 10, 2015, the United States Court of Appeals for the Ninth Circuit affirmed a district court’s ruling that St. Luke’s Health System’s acquisition of the independent physician group Saltzer Medical Group violated the antitrust laws. This appellate victory is another in...
|Supreme Court Limits Antitrust Immunity for Certain State Agencies|
Robert B. Craig, Aaron M. Herzig; Taft Stettinius & Hollister LLP;
March 25, 2015, previously published on March 2, 2015Last week, the United States Supreme Court issued an opinion that will have a broad impact on how states regulate professions through agencies and licensing boards. In North Carolina State Board of Dental Examiners v. FTC, No. 13-534, 574 U.S. &under;&under; (2015), the court ruled that the...