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Documents on Antitrust & Trade Regulation
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|U.S. Federal Trade Commission Increases Merger Notification and Interlocking Directorates Thresholds|
Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor; Jones Day;
February 27, 2015, previously published on January 2015The U.S. Federal Trade Commission has issued the 2015 adjustments to the Hart-Scott-Rodino ("HSR") Act thresholds, which are used to determine when a transaction triggers premerger reporting requirements. The new HSR Act thresholds will take effect on February 20, 2015. The Commission...
|The Cartel Report: Commentary on Antitrust Enforcement from Around the World|
Robert E. Bloch, Kiran S. Desai, Adam L. Hudes, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
February 27, 2015, previously published on December 18, 2014Not too long ago, many countries—perhaps even most countries—either did not criminalize cartel conduct or did not enforce the laws prohibiting cartels. In the past 20 years or so, that has changed dramatically. Today, cartels, “the supreme evil of antitrust,” are unlawful...
|Revised “Fred Meyer Guides” Leave Treatment of Key Robinson-Patman Act Provisions Unchanged|
Don T. Hibner; Sheppard, Mullin, Richter & Hampton LLP;
February 27, 2015, previously published on February 23, 2015While hardly ever enforced in modern times by government enforcement agencies, and rarely the subject of antitrust treble damage actions, Sections 2(d) and (e) of the Robinson Patman Act (15 U.S.C. §§ 13(d) and (e)) have had a colorful heritage. In response to the Supreme Court’s...
|U.S. FTC Challenges Professional Associations' Codes of Ethics and Bylaws|
Kathryn M. Fenton, Ashley M. Howlett, J. Bruce McDonald, Margaret A. Ward; Jones Day;
February 27, 2015, previously published on January 2015The U.S. Federal Trade Commission ("FTC") has settled two, unrelated cases alleging that the ethical codes of professional associations violated the antitrust laws. These settlements are a reminder that the antitrust agencies and private plaintiffs are active in reviewing the activities...
|EU Antitrust Private Damages Actions|
Kiran S. Desai, Julian Ellison, Nathalie Jalabert Doury, Robert Klotz, Jens Peter Schmidt; Mayer Brown International LLP;
February 27, 2015, previously published on December 2014On 10 November 2014 the governments of the 28 EU Member States approved a new law that aims at facilitating claims for damages by victims of antitrust infringements in Europe. The new law entered into was adopted on 4 December 2014. The law, which takes the form of an EU Directive, was previously...
|Bill Introduced in Congress Calls for Private Enforcement of All Food Regulations and Would Weaken Preemption Defenses|
Jonathan Berman; Jones Day;
February 26, 2015, previously published on January 2015Recent years have seen a surge in private class actions alleging that food labels are misleading or misbranded. The viability of many of these cases, however, has been limited by two important provisions of the Food, Drug, and Cosmetic Act ("FDCA"). Section 310 provides that only the...
|Recent US Ninth Circuit Opinion Could Have Broad Application to Antitrust Matters|
Robert E. Bloch, Meytal McCoy, Scott P. Perlman; Mayer Brown LLP;
February 26, 2015, previously published on February 18, 2015Although it focuses specifically on a healthcare acquisition, the recent decision by the US Court of Appeals for the Ninth Circuit in St. Alphonsus Medical Center v. St. Luke’s Health System is instructive on a broad range of antitrust issues. Companies from all industries can learn from the...
|Electronic Discovery & Information Governance - Tip of the Month: Proposed Amendments to the US Federal Rules of Civil Procedure|
Michael D. Battaglia, Eric B. Evans, Michael E. Lackey, Kim A. Leffert, Edmund Sautter; Mayer Brown LLP;
February 26, 2015, previously published on December 31, 2014On September 16, 2014, the Judicial Conference of the United States approved several proposed amendments to the Federal Rules of Civil Procedure. The revised rules, now pending before the Supreme Court and to be transmitted to Congress, will take effect on December 1, 2015, absent some...
|Are Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case|
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
February 26, 2015, previously published on February 2015A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...
|American Quarter Horse Association Can Ban Cloned Horses, Says Fifth Circuit, Rejecting Antitrust Challenge|
Thomas F. Allen, Thomas R. Jackson, J. Bruce McDonald, Thomas D. York; Jones Day;
February 26, 2015, previously published on February 2015The Fifth Circuit Court of Appeals has affirmed the American Quarter Horse Association's right to bar cloned horses from its breed registry, reversing a jury verdict against the association. The case is Abraham & Veneklasen Joint Venture v. American Quarter Horse Association. This ruling has...