Searching Content indexed under Trade Regulation & Practices by Proskauer Rose LLP ordered by Published Date Descending.
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FTC Announces 2018 Thresholds Under HSR Act And Clayton Act
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation.
United States
29 Jan 2018
Third Circuit Splits With The Seventh Over Standing To Sue For Alleged Inefficient Design Of Eye Drop Dispenser
In a surprising decision and split with the Seventh Circuit, the Third Circuit recently held that plaintiffs have standing to sue for unfair trade practices under the theory that a manufacturer is obligated...
United States
7 Dec 2017
Does What Happens Outside The U.S. Stay Outside The U.S.?
As the economy continues to globalize, so too does the reach of antitrust law. Two recent cases illustrate the interaction between international trade and U.S. antitrust law:
United States
29 Nov 2017
A Bogosian Shortcut Through The Mushroom Patch – The Latest Chapter Of A Fairytale Doctrine
There is no need to presume classwide impact if these factors are met, because the court set forth a mathematical proof of such impact, as in the following example.
United States
16 Jan 2017
A Sovereign Thumb On The Scale – Appeals Court Defers To China's Interpretation Of Its Own Laws To Dismiss Antitrust Suit
The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers.
United States
26 Sep 2016
International Comity And Deference: A Foreign Government With Final Say When Interpreting Its Own Laws
On Tuesday, the Second Circuit in In Re Vitamin C Antitrust Litigation vacated a $147 million award against two Chinese companies for engaging in anti-competitive behavior
United States
26 Sep 2016
Second Circuit Blazes New Trail In Set-Top Box Cases: Cable Service And Boxes Are Not Separate Products
Since 2008, cable customers have been suing cable operators across the country claiming operators violate the antitrust laws by forcing customers to lease set-top boxes from the operator to access "premium" cable services.
United States
9 Sep 2016
Court Finds Spanish-Language Movies May Be A Proper Antitrust Product Submarket
Can Spanish-language media content constitute a proper antitrust product submarket for purposes of a Sherman Act claim?
United States
25 Aug 2016
Movies May Be A Proper Antitrust Product Submarket
Can Spanish-language media content constitute a proper antitrust product submarket for purposes of a Sherman Act claim?
United States
25 Aug 2016
When Settlement and Secrecy Do Not Mix
Non-disclosure and confidentiality provisions can be an important aspect of resolving a case through settlement
United States
1 Jul 2016
Where's the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. ("Goya").
United States
24 May 2016
Not So Fast! Qualcomm Cannot Use "Curious Quirk" Of U.S. Discovery Law In Korean Antitrust Proceeding
A recent federal court order highlights the scope, and the limitations, of a U.S. court's authority to order domestic discovery for use in a foreign proceeding under 28 U.S.C. § 1782.
United States
11 Apr 2016
The First Circuit Agrees that Non-Cash Reverse Payments Are Subject to Antitrust Scrutiny. Does the Loestrin Decision Point to Battles to Come?
Recently, the First Circuit became the second federal appellate court interpreting the Supreme Court's landmark decision in FTC v. Actavis, Inc. to hold that non-cash "reverse payments" between pioneer and generic pharmaceutical manufacturers risk antitrust liability.
United States
9 Mar 2016
HSR Enforcement Continues Swiftly: $240K Settlement Announced With FTC For Failure To File
On the heels of the FTC's recent HSR passive investor exemption enforcement action comes another reminder that HSR compliance is not always clear, and that it is not always easy.
United States
5 Oct 2015
Antitrust Whistleblower Protection Bill Introduced In Senate (Again)
On June 17, 2015, members of the Senate Judiciary Committee introduced the Criminal Antitrust Anti-Retaliation Act of 2015 (Act), ..
United States
13 Jul 2015
Four Takeaways From The ABA Antitrust Section's 2015 Spring Meeting
This year's 63rd ABA Section of Antitrust Law Spring Meeting featured extensive remarks from antitrust regulators forewarning of more vigorous antitrust enforcement in 2015.
United States
23 Apr 2015
Five Million Penalty Is Stark Reminder About "Gun Jumping"
On November 7, 2014, the Antitrust Division of the DOJ announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited for "gun jumping".
United States
19 Nov 2014
Federal Judge Trims Diet Supplement Maker’s Earnings By $40M And Orders Recall Of Banned Labeling
A Georgia federal court handed out sanctions against Hi-Tech Pharmaceuticals for violating a 2008 court order relating to the advertising and labeling of "diet supplements."
United States
6 Jun 2014
Imburgia v. DIRECTV: Did A California Court Of Appeal Really Say You Can Contract Around Congress?
A California appellate court rejected DIRECTV’s appeal from a lower court decision finding unenforceable the arbitration clause in consumer contracts.
United States
24 Apr 2014
Federal Trade Commission Announces 2013 Threshold Revisions For HSR Act And For Clayton Act Section 8 Prohibition On Interlocking Directorates
The Hart-Scott-Rodino Antitrust Improvements Act of 1976 requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a waiting period prior to consummation.
United States
16 Jan 2013
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