Tag Archives: Federal Trade Commission (FTC)

Protecting consumers online: FTC and CFPB team up with State AGs

By Divonne Smoyer and Eric Manski on Posted in State Attorneys General
Man using mobile online banking and payment, Digital marketing. Finance and banking networking. Online shopping and icon customer network connection, cyber security. Business technology.The recent National Association of Attorneys General Presidential Summit marked a clear partnership between state AGs, the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) to accomplish Iowa AG Tom Miller’s “fight back” presidential initiative: Consumer Protection 2.0: Tech Threats and Tools. Given this, we expect to see enhanced coordination and enforcement … Continue Reading

Interpreting the DOJ’s recent enforcement campaign against “no-poach” cases

By Edward Schwartz, Michelle A. Mantine and Jennifer Thompson on Posted in Antitrust & Competition
Since 2010, with its cases filed against a number of leading technology companies, the Department of Justice (DOJ) has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements in which companies agree not to hire or solicit each other’s employees. The DOJ and the Federal Trade Commission (FTC) issued … Continue Reading

FTC announces revised HSR thresholds for 2019

By Debra H. Dermody, Michelle A. Mantine, William J. Sheridan, Christopher Brennan, Conor Shaffer and Courtney B. Averbach on Posted in Antitrust & Competition
On February 15, 2019, the Federal Trade Commission (FTC) announced the annual threshold adjustments for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (15 U.S.C. § 18a) (HSR). The FTC revises the thresholds annually based on the change in gross national product.  The revised HSR thresholds will apply to all transactions … Continue Reading

FTC eyes contact lens trademark settlement agreements

By John P. Feldman, Andrew Bernasconi and Karl Herrmann on Posted in Antitrust & Competition
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

“Not So Fast!” District Court orders divestiture of assets in private Clayton Act case six years after DOJ clears deal

By Edward Schwartz and Karl Herrmann on Posted in Antitrust & Competition
Increasingly, the antitrust agencies have been challenging unreported transactions post-closing under the Clayton Act, seeking an unwinding of the transactions or at least divestitures of some of the assets purchased. Until recently, however, the threat that a private plaintiff would obtain a court order requiring an unwinding or divestiture once the deal has closed has … Continue Reading

Agreements and algorithms can add up to antitrust liability

By Michelle A. Mantine and Karl Herrmann on Posted in Antitrust & Competition
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

By Andrew Bernasconi, John P. Feldman and Alison Peters on Posted in Antitrust & Competition
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

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

By Michelle A. Mantine, William J. Sheridan and Conor Shaffer on Posted in Antitrust & Competition
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

By Michelle A. Mantine and Barry Coyne on Posted in Antitrust & Competition
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

Antitrust Update: 2017 HSR Thresholds

By Debra H. Dermody, Michelle A. Mantine, William J. Sheridan, Christopher Brennan, Conor Shaffer and Courtney B. Averbach on Posted in Antitrust & Competition
On January 19, 2017, the Federal Trade Commission (FTC) announced the revised thresholds for determining whether companies are required to notify federal antitrust authorities about a transaction under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR Act).  The new minimum filing threshold will be $80.8 million. All of the revised thresholds are higher … Continue Reading

Individual Investors Pay Civil Penalties for Failing to Report Acquisitions of Voting Securities to the Federal Trade Commission

By Debra H. Dermody, William J. Sheridan, Michelle A. Mantine, Christopher Brennan, Conor Shaffer and Courtney B. Averbach on Posted in Antitrust & Competition
The Hart-Scott-Rodino Act (“HSR Act”) requires companies and individuals to report large transactions above certain thresholds to the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”), and then to observe a 30-day waiting period before closing their transactions. In two recent cases, investors resolved FTC allegations that they failed to observe these requirements … Continue Reading

U.S. Antitrust Agencies Update International Enforcement Guidelines

By Michelle A. Mantine and Christopher Brennan on Posted in Antitrust & Competition
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

DOJ Antitrust Division refuses to issue review letter on legality of private auctions to resolve string contention sets

By Judith L. Harris on Posted in Antitrust & Competition
This post was also written by Brad R. Newberg and Gregory S. Shatan. For several years now, we have been tracking the tortuous road that ICANN (Internet Corporation for Assigned Names and Numbers) has been traveling to make good on its promise, or its threat (depending on your perspective), starting this spring, to expand exponentially … Continue Reading

FTC’s Proposed Rule Changes Modify HSR Reporting Requirements for Pharmaceutical Exclusive Licensing Deals

By P. Gavin Eastgate and Michelle A. Mantine on Posted in Antitrust & Competition
The Federal Trade Commission (“FTC”) is seeking public comment on proposed changes to the premerger notification rules to clarify when the transfer of exclusive marketing, sales and manufacturing rights to a patented pharmaceutical product requires notification to the agencies under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. § 18a) (“HSR Act”). The proposed … Continue Reading

Proposed Statement of Antitrust Enforcement Policy Regarding Accountable Care Organizations

By Debra H. Dermody, P. Gavin Eastgate and Michelle A. Mantine on Posted in Antitrust & Competition
On March 31, 2011, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued a joint proposed Statement of Enforcement Policy to explain how the agencies intend to enforce U.S. antitrust laws with respect to Accountable Care Organizations (ACOs) – groups of health care providers that will be collaborating under the Patient Protection and … Continue Reading

Reed Smith Partner Stephen Murphy Talks FTC and Unfair Competition Enforcement

By Greg Jacobs on Posted in Antitrust & Competition
This post was written by Stephen P. Murphy. I was fortunate to be invited as a guest commentator on The Washington Legal Foundation’s video blog, Legally Brief, about the significance of the recent settlement of the Federal Trade Commission v. Intel Corp. administrative complaint. The complaint appears to presage a return of the FTC to active … Continue Reading

Federal Trade Commission Announces Adjusted HSR Thresholds For 2010

By Debra H. Dermody, P. Gavin Eastgate and William J. Sheridan on Posted in Antitrust & Competition
This post was also written by Katherine Mathews and Ariel Nieland. The Federal Trade Commission has 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 will take effect February 22, 2010 and will govern all transactions closing on or after that … Continue Reading
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