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|EU Competition Law: European Commission Imposes €20 Million Fine for Failing to Notify a Merger Under the EU Merger Regulation|
Sullivan Cromwell LLP;
July 28, 2014, previously published on July 24, 2014On 23 July 2014, the European Commission fined Marine Harvest ASA €20 million for failing to notify its acquisition of Morpol ASA in accordance with the EU Merger Regulation and closing the transaction prior to receiving the European Commission’s approval. This is the first time the...
|FTC Continues Vigorous Section 5 Enforcement|
Ian G. John, John H. Lyons, Kenneth B. Schwartz; Skadden, Arps, Slate, Meagher & Flom LLP;
July 28, 2014, previously published on July 23, 2014On July 21, 2014, the Federal Trade Commission (FTC or Commission) accepted a consent agreement, subject to final approval, to settle charges with two Internet resellers of Universal Product Code (UPC) barcodes accused of violating Section 5 of the FTC Act (Section 5) by inviting competitors to...
|US Federal Trade Commission Challenge Reminds Companies To Be Wary About Communicating with Competitors|
Scott P. Perlman, Matthew A. Tabas; Mayer Brown LLP;
July 26, 2014, previously published on July 24, 2014The US Federal Trade Commission (FTC) has settled charges that two of the leading online barcode resellers violated Section 5 of the FTC Act by inviting competitors to collude and raise prices for barcodes sold over the Internet. Even though the settlement essentially only requires the online...
|NRECA Joins Shippers in Calling on Congress to Act on Rail Reform|
Sutherland Asbill Brennan LLP;
July 25, 2014, previously published on July 22, 2014The National Rural Electric Cooperative Association (NRECA) is part of a coalition of shippers that renewed a year-long call for Congress to take action to reform the country’s freight rail system. The coalition, which consists of 24 trade organizations, sent a letter to congressional...
|European Commission Pushes Forward on Merger Review Expansion to Minority Acquisitions With a Competitive Link|
Davina Garrod; Bingham McCutchen (London) LLP;
July 25, 2014, previously published on July 21, 2014Controversial EC proposals to review certain acquisitions of non-controlling minority acquisitions are now out for consultation until 3 October 2014. The proposals, contained in a White Paper, come amidst continued opposition from businesses and the investor community, and are of particular concern...
|FTC Dings Company for Peddling Made-in-USA Seals|
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
July 25, 2014, previously published on July 23, 2015What’s in a name? If you’re a company and your name is “Made in the USA,” your marketing had better smell at least as sweet as the Federal Trade Commission’s (FTC) Made in USA Standard, or so Made in the USA Brand, LLC (MITUB or the Company) discovered. The FTC...
|SawStop Dismissal Explained: Opinion Crosscutting SawStop’s Antitrust Lawsuit Released|
Helen J. Kim, Charles A. Samuels; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 24, 2014, previously published on July 22, 2014Judge Claude M. Hilton of the Eastern District of Virginia recently issued a Memorandum Opinion following up on his June 27, 2014 order (on which we previously wrote here and here) dismissing the complaint filed against the power tool industry by SawStop, LLC.
|FDA Gives Guidance on Compounding for Human Use|
Duane Morris LLP;
July 23, 2014, previously published on July 14, 2014In July 2014, the U.S. Food and Drug Administration (FDA) released five documents containing policies and proposals that affect both traditional compounding pharmacies and outsourcing facilities that compound drugs for human use.
|Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 14, 2014Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a...
|FDA Guidance Limits Flexibility in Social Media Promotional Communications|
John T. Bentivoglio, Jennifer L. Bragg, Maya P. Florence, Michael K. Loucks, Gregory M. Luce; Skadden, Arps, Slate, Meagher & Flom LLP;
July 23, 2014, previously published on July 21, 2014Three recently issued draft guidance documents (Draft Guidances) from the U.S. Food and Drug Administration (FDA or Agency) are designed to assist manufacturers in product communications via social media and other interactive media platforms. Generally, the Draft Guidances continue to require...