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HTMLU.S. Federal Trade Commission and Justice Department Report on Merger Enforcement
Kathryn M. Fenton, Michael H. Knight, Bevin M.B. Newman, Pamela L. Taylor, Molly M. Wilkens; Jones Day;
Legal Alert/Article
August 26, 2015, previously published on August 2015
The Federal Trade Commission ("FTC") and Department of Justice ("DOJ") have released their annual Hart-Scott-Rodino ("HSR") Report, which details the agencies' merger review and enforcement for fiscal year 2014, which runs from October 1, 2013, to September 30, 2014....

 

HTMLIn Commission Win, Appeals Court Agrees that FTC Can Regulate Business Data Security Practices Under Unfairness Authority
Nathan A. Cardon, Tracy P. Marshall, Sheila A. Millar; Keller and Heckman LLP;
Legal Alert/Article
August 26, 2015, previously published on August 26, 2015
In a closely watched case where the Federal Trade Commission (FTC) pursued Wyndham Worldwide Corporation for several data breaches that led to millions of dollars in fraudulent charges on customers’ payment cards, the U.S. Court of Appeals for the Third Circuit on Monday agreed with the...

 

HTMLU.S. Federal Trade Commission Issues Statement of "Unfair Methods of Competition" Enforcement Principles Under FTC Act § 5
Kathryn M. Fenton, Michael H. Knight, J. Bruce McDonald, Geoffrey D. Oliver, David P. Wales; Jones Day;
Legal Alert/Article
August 25, 2015, previously published on August 2015
The U.S. Federal Trade Commission ("FTC") has issued formal guidance on how the agency enforces Section 5 of the FTC Act ("Section 5") to police "unfair methods of competition" that may fall outside of the scope of the main federal antitrust statutes, the Sherman and...

 

HTMLAnother FTC Conduct Case to Bolster Generic Drug Competition: Pharmaceuticals Charged with Illegal Non-Compete for Generic ADHD Drug Sales
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 20, 2015, previously published on August 20, 2015
The Federal Trade Commission’s (“FTC” or “Commission”) ever-expanding list of enforcement actions to preserve competition for generic pharmaceuticals just grew in a new direction. This week, two generic pharmaceutical companies entered into a Consent Order with the FTC...

 

HTMLNinth Circuit Upholds Judge Robart’s RAND Determinations in Microsoft v. Motorola
Sandra J. Badin, Richard G. Gervase, Michael T. Renaud, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 17, 2015, previously published on August 14, 2015
Late last month, the Ninth Circuit Court of Appeals issued its much-anticipated decision in Microsoft v. Motorola, a breach of contract action brought by Microsoft alleging that Motorola violated its commitment to license its standard essential patents (SEPs) on reasonable and non-discriminatory...

 

HTMLWest Virginia AG Clears Merger Creating Second Largest Hospital Chain in the State with Conduct Remedy
Helen J. Kim, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
The federal antitrust enforcement agencies have trumpeted their preferences for structural, as opposed to conduct, remedies as the solution to potentially anticompetitive mergers.[1] In contrast, State Attorneys General have been more willing to enter into conduct remedies, particularly in the...

 

HTML5 Things All Companies Need to Know About the Competition Bureau’s updated Corporate Compliance Programs Bulletin
Oliver J. Borgers, Michele F. Siu, Dominic Thérien; McCarthy Tetrault LLP;
Legal Alert/Article
August 6, 2015, previously published on July 15, 2015
In June, the Competition Bureau released its updated Corporate Compliance Programs bulletin[1]. The bulletin is intended to ensure compliance with the Canadian Competition Act[2]. It sets out the benefits for companies who put in place and follow “credible and effective” competition law...

 

HTMLRMF Pro Bono Case “Under Reconsideration” as a Result of New Trade Legislation
Thomas Telesca, Gracie C. Wright; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 2015
On June 29, 2015, President Barack Obama signed the Trade Adjustment Assistance Reauthorization Act of 2015 (“TAARA 2015”) into law as part of the Trade Preferences Extension Act of 2015, which gave President Obama "fast track" power on the Pacific Rim trade deal. TAARA 2015...

 

HTMLGeneral Mills Wins Six-Year Battle Against Chinese Trademark Squatter
Thomas Telesca, Gracie C. Wright; Ruskin Moscou Faltischek, P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 2015
On July 6, 2015, General Mills, the United States multinational company that manufactures and markets consumer goods such as Betty Crocker, Totino’s, Pillsbury, Cheerios, and Lucky Charms, to name a few, obtained a significant victory in the Beijing High Court against a trademark squatter. In...

 

HTMLDutch Court of Appeal Allows the Use of Wiretaps by Competition Authority
Teresa Charatjan, Hans Urlus; Greenberg Traurig, LLP;
Legal Alert/Article
July 31, 2015, previously published on July 22, 2015
On July 9 2015, the Dutch Court of Appeal (het College van Beroep voor het bedrijfsleven) overturned two judgments of the Rotterdam District Court. The Dutch Court of Appeal ruled that the Dutch competition authority (Autoriteit Consument en Markt hereafter referred to as ACM) is allowed to use...

 


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