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|Court Denies Class Cert. in NCAA Antitrust Suit|
Farrah Short, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 28, 2016, previously published on April 4, 2016The NCAA scored a victory last week with the denial of class certification in an antitrust suit challenging the association’s former ban on multiyear scholarships (the “One Year Rule”) and its cap on scholarships (the “GIA Cap”). Plaintiff had alleged that those rules...
|How to Survive Dawn Raids and Search Warrants in Antitrust/Competition Investigations|
Alan Davis, Eric P. Enson, Carsten T. Gromotke, Paula W. Render, Nicolas Taylor; Jones Day;
April 27, 2016, previously published on March 2016Around the globe and across jurisdictions, antitrust authorities continue to aggressively seek evidence of competition law infractions, often during raids on business premises or at the private residences of company executives. While it is important to comply with a lawful search, it is also...
|E-Commerce Sector Inquiry Finds Widespread Geo-Blocking in the EU|
Bernard E. Amory, Charlotte Breuvart, Yvan N. Desmedt, Tristan J. Verminck; Jones Day;
April 26, 2016, previously published on April 2016In its ongoing sector inquiry into e-commerce in the European Union, the European Commission has published its initial findings on geo-blocking. Launched in May 2015 by the European Commissioner in charge of competition, Margrethe Vestager, this inquiry forms part of the Commission-wide Digital...
|Embracing E-Discovery in Antitrust Matters: Slow but Steady Progress Toward Convergence between the U.S. and the UK?|
Ausra Ona Deluard, Francesco Liberatore, Ryan C. Thomas; Jones Day;
April 18, 2016, previously published on March 2016Lawyers are sometimes risk adverse and slow to change. Although this tends to lead to a more cautious approach to embracing new technologies, including the use of artificial intelligence, the increasing burden of e-discovery has forced the issue. Lawyers on both sides of matters increasingly are...
|Fourth Circuit Allows Lanham Act Unfair Competition Claims for Foreign Trademark Not Used in the U.S.|
John G. Froemming, Meredith M. Wilkes, Meredith L. Williams; Jones Day;
April 18, 2016, previously published on March 2016On March 23, the Fourth Circuit held that the owner of a Mexican trademark could bring false association and false advertising claims under § 43(a)(1)(A) and (B) of the Lanham Act for unfair competition in the United States, even though the owner has not used the trademark in the U.S. Belmora...
|Dawn Raids and Preparing for Surprise Government Competition Law Investigations: Jones Day Guide to Best Practices|
Alan Davis, Matt Evans, Carsten T. Gromotke, Nicolas Taylor, Alexandre G. Verheyden; Jones Day;
April 18, 2016, previously published on March 2016As global antitrust enforcers increasingly focus on detecting and punishing cartel behavior, companies must remain vigilant in protecting against overreach during government investigations that precede prosecutorial operations. So-called "dawn raids," which are unannounced on-site...
|Belgium Introduces New Leniency Guidelines on Competition Law Prosecutions|
Bernard E. Amory, Serge Clerckx, Laurent De Muyter, Yvan N. Desmedt, Alexandre G. Verheyden; Jones Day;
April 12, 2016, previously published on March 2016The Belgian Competition Authority ("BCA") has released new guidelines on its leniency program for cartel agreements ("Guidelines"), which entered into force on March 22, 2016. The leniency program, which exists in some form in most other European jurisdictions and the U.S. as...
|Amarin and FDA Agree to Landmark Settlement on Off-Label Promotion|
Michael A. Carvin, Toni-Ann Citera, Colleen Heisey, Karen P. Hewitt, Laura F. Laemmle-Weidenfeld; Jones Day;
April 6, 2016, previously published on March 2016On March 8, 2016, Amarin Pharma, Inc. reached a noteworthy settlement in its lawsuit against the U.S. Food and Drug Administration ("FDA") to protect its First Amendment right to promote the drug Vascepa for nonapproved, off-label uses. Amarin Pharma, Inc. v. FDA (S.D.N.Y. No. 15-cv-3588)...
|Trial Court Upholds NYC Regulation Mandating Chain Restaurant Menu Labeling for Excess Salt Content|
Anna M. Wiand; GrayRobinson, P.A.;
March 23, 2016, previously published on February 25, 2016On February 24, 2016, a New York state trial judge ruled that chain restaurants in New York City must warn customers about menu items containing high levels of sodium. At issue is a municipal regulation adopted by the New York City Board of Health in September of 2015 that applies to chain...
|2016 Merger Notification Thresholds Take Effect Today|
Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor; Jones Day;
March 22, 2016, previously published on February 2016The 2016 adjustments to the Hart-Scott-Rodino ("HSR") Act thresholds take effect today, February 25, and will remain in effect through January 2017. The thresholds, used to determine when a transaction triggers premerger reporting requirements and to assess the application of certain...