Tag Archives: antitrust

Prescription drug purchasing initiative in California raises legal questions

Last week, California Governor Gavin Newsom signed an Executive Order creating a program to lower prescription drug costs throughout the state. This initiative could significantly impact pharmaceutical manufacturers, managed care companies, pharmacies and other industry participants, as well as prescription drug consumers. Reed Smith’s health care and antitrust teams summarize Newsom’s Executive Order and address consequent … Continue Reading

FTC hearings address AI regulatory challenges

On November 13–14, the Federal Trade Commission (FTC) held hearings on “Competition and Consumer Protection in the 21st Century.” The panelists, an assembly of industry leaders, academics and enforcers, discussed consumer protection and antitrust issues that arise from harvesting data through AI, the role of industry in mitigating potential harms and whether government agencies can … Continue Reading

FTC eyes contact lens trademark settlement agreements

Over a spirited dissent, and in a 3–1 decision issued on November 14, the Federal Trade Commission (FTC) Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action by entering into settlement agreements with competitors that (1) harmed consumers in the online sale of contact lenses and (2) harmed search engines by artificially … Continue Reading

Agreements and algorithms can add up to antitrust liability

Last week in a hearing before the Senate Subcommittee on Antitrust, Competition Policy, and Consumer Rights, Assistant Attorney General (AAG) Makan Delrahim announced that the Department of Justice (DOJ) is pursuing criminal charges against competitors who allegedly engaged in a price-fixing scheme facilitated by the use of search algorithms. While he did not reveal further … Continue Reading

ALJ Upholds FTC Judgement of Antitrust Violations for Ad Tech Agreements Against 1-800 Contacts

With the holiday marketing season upon us, marketers launch the month-long, relentless scramble for consumer visibility and coveted advertising space on high-traffic inventory. One matter likely not on marketers’ radars? Antitrust violations. A recent ruling on a case brought by the Federal Trade Commission (“FTC”) against 1-800 Contacts scrutinizes the brand’s ad tech playbook through … Continue Reading

UK Investment Consultants and Fiduciary Management Services Under Investigation

The UK competition regulator, the Competition and Markets Authority (CMA), will be conducting in-depth investigations of investment consultancy and fiduciary management services after the Financial Conduct Authority (FCA) initiated an investigation.  The CMA has a wide range of powers enabling them to investigate and impose remedies.  Industry participants should expect requests from the CMA to … Continue Reading

Online sales restrictions continue to be top enforcement priority in EU

The European Commission recently published its long-awaited final report on its E-commerce Sector Inquiry launched two years ago. Therein, the Commission identifies that pricing limitations, dual pricing (i.e., charging different prices according to the channel through which a product is sold) and platform bans are among the most widespread vertical competition restraints in e-commerce implemented … Continue Reading

Independent Health Care Providers Beware – FTC Actions Against Group Contracting Efforts Continue

The Federal Trade Commission (“FTC”) recently charged a Puerto Rico ophthalmologist cooperative with organizing a group boycott of a health plan in violation of section 5 of the FTC Act.  This action demonstrates the need for providers to be heedful of the antitrust laws when engaging in group contracting efforts.  While agreements among independent providers … Continue Reading

The FTC and DOJ Update the Antitrust Guidelines for the Licensing of Intellectual Property

The Federal Trade Commission and Department of Justice have made their first amendments to the Antitrust Guidelines for the Licensing of Intellectual Property since their origin in 1995.  The guidelines were updated in light of the fundamental changes in statutory and case law, agency enforcement, and policy work. The updates support innovation while incorporating the … Continue Reading

U.S. Antitrust Agencies Update International Enforcement Guidelines

The Department of Justice and Federal Trade Commission have revised the Antitrust Guidelines for International Enforcement and Cooperation after twenty years.  These revisions, effective on January 13th, 2017, stress the need for collaboration between competition agencies in a globalized economy.  To read more about the guidelines please click here.… Continue Reading

“Bribery” In Football: What Are the Legal Consequences?

The top story in the UK media today is about alleged corruption in English football. Someone said to be a “fixer” for betting syndicates was secretly recorded boasting that the results of English lower-league matches and even international matches could be bought, once the price was right. Six people, including three players, have been arrested … Continue Reading

Federal Trade Commission Announces Adjusted HSR Thresholds for 2012

On January 24, 2012, the Federal Trade Commission announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR”). The new thresholds have increased the dollar amount required to trigger HSR notification with respect to both the size-of-transaction and size-of-person tests. The revised HSR thresholds … Continue Reading

UK Government Proposes Merger of Competition Authorities

This post was also written by Richard J. Waite and Susan Riitala. The UK Government recently announced proposals to merge the UK’s two main competition bodies, the Office of Fair Trading (OFT) and the Competition Commission, to create a single competition regulator. Currently the OFT, as well as being responsible for conducting antitrust and cartel investigations, … Continue Reading

Nationwide Class of Antitrust Plaintiffs Runs Into Third Circuit Brick Wall

Taking on the issue for the first time, the Court of Appeals for the Third Circuit rejected a district court’s certification of a nationwide class of indirect purchasers under various state antitrust laws. Over the objections of some class members, the district court had certified the class as part of a settlement. While state antitrust … Continue Reading
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