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
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
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
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
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
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
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
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 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
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
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
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
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
This post was also written by Susan Riitala. On 14 September 2010, the European Court of Justice (ECJ) dismissed an appeal by Akzo Nobel Chemicals Ltd and Akcros Chemicals Ltd made against a decision of the General Court not to allow e-mails exchanged between a client and an in-house lawyer to be covered by legal … Continue Reading
This alert was written by Edward Miller, Eugene Tillman, Cynthia O’Donoghue, and Leon Stephenson. The arrival of the new UK Coalition Government has brought with it proposals to reform the health care system in the UK over the next four years, detailed in its much publicized White Paper “Equity and excellence: Liberating the NHS”. The … Continue Reading
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