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|Canadian Government Issues Legislation to Address Canada-US “Price Gap”|
Subrata Bhattacharjee; Borden Ladner Gervais LLP;
January 28, 2015, previously published on December 9, 2014 Today the Federal government introduced Bill C-49, an amendment to the Competition Act known as the Price Transparency Act (the “Act”), which is designed to help address “unjustified” discrepancies in pricing of retail goods between Canada and the United States.
|'Class Action, Lots of Foam? That’ll Be $1 Billion.'|
Scott Martin; Greenberg Traurig LLP;
January 23, 2015, previously published on November 17, 2014Upholding a $1.06 billion judgment in favor of a national class of industrial purchasers of polyurethane, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit drew renewed attention to the still-formidable risks (or rewards, depending upon one’s perspective of this record...
|Department of Justice Emphasizes Importance of Antitrust Compliance Programs In Recent Policy Speeches|
Ryan F. Harsch, James I. Serota; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 17, 2014Two top officials at the United States Department of Justice, Antitrust Division (DOJ), Assistant Attorney General (AAG) Bill Baer and Deputy Assistant Attorney General (DAAG) for Criminal Enforcement Brent Snyder, recently issued remarks on the importance of corporate antitrust compliance policies...
|Regulatory Documents Can Be Contracts: The Wetlands Mitigation Bank Example|
Jerry Stouck; Greenberg Traurig, LLP;
January 23, 2015, previously published on November 26, 2014 For the second time in a year, a wetlands mitigation bank “instrument” executed between a landowner and a federal agency has been held by a court to be a binding contract that could be enforced against the agency when it tried to alter the terms of the instrument to the detriment of the...
|Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC|
William A. Bortolin, Emrys Davis; Bennett Jones LLP;
January 23, 2015, previously published on December 5, 2014Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown considered the law on this issue to be contradictory, and held that the...
|Anti-Monopoly Probe and Enforcement in China - Paying the Price for Price!|
Dawn (Dan) Zhang, Eric Zhang; Greenberg Traurig, LLP;
January 22, 2015, previously published on November 17, 2014Shortly after the sixth anniversary of effectuating the PRC Anti-monopoly Law, the National Development and Reform Commission (the NDRC) and its local branches made front page news with respect to an enforcement focus on automobile and related upstream and downstream industries. As of Sept. 28,...
|Christopher Van Gundy Authors Law360 Article: "When 'Just Mayo' Isn't 'Mayonnaise'''|
Keller Heckman LLP;
January 22, 2015, previously published on November 17, 2014Law360, New York (November 13, 2014, 6:44 PM ET) - Unilever's recent false advertising lawsuit against Hampton Creek Inc.'s "Just Mayo" trademarked brand of egg-free mayo raises a number of hot button issues in food and false advertising law, with perhaps echoes of the recent U.S. Supreme...
|Food Court Report: Judge Fails to Find Ascertainable Class Members, Predominance, or Adequate Representation in Labeling Suit against Skinnygirl Cocktails, LLC|
Keller Heckman LLP;
January 22, 2015, previously published on January 6, 2015United States Judge, Manish S. Shah, refused to certify a putative class in a labeling suit finding that the class members could not be easily identified, that the class representative was inadequate; and that common issues to class members did not predominate over individual members. The case is...
|Navigating FDA and USDA Reporting/Notification Requirements for Adulterated and Misbranded Food|
Keller Heckman LLP;
January 22, 2015, previously published on January 8, 2015When incidents of adulterated or misbranded food arise that trigger a need to report to or notify a federal agency, food companies face a number of somewhat confusing, and not always congruent, requirements.
|Canada’s Economic Sanctions Against Ukraine and Russia Extended to Additional Individuals and Entities; Oil & Gas Technology Sanctions Expected Soon|
Milos Barutciski, Jessica B. Horwitz, Matthew S. Kronby, Laura A. Murray; Bennett Jones LLP;
January 20, 2015, previously published on August 6, 2014On August 6, 2014, Canada amended the Special Economic Measures (Ukraine) Regulations and Special Economic Measures (Russia) Regulations to further expand the list of “designated persons”, both individuals and entities, with whom Canadians are prohibited from engaging in business and...