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Businesses around the world have been substantially impacted by the COVID-19 pandemic and are likely to be managing the effects and remaining uncertainties for some time. In this context, we expect to see a shift in risk allocation in the European private M&A market to deal protection mechanisms more synonymous with a buyer’s market and specific provision for COVID-19, such as tailored warranties and covenants. Please see full Publication below for more information.... By: Orrick, Herrington & Sutcliffe LLP.
Defendants in competition damages actions often argue that claimants mitigated any loss in competition damages claims by passing on any allegedly unlawful price increase to their customers. In Sainsbury’s v. Mastercard [2020] UKSC 24, the U.K. Supreme Court (UKSC) made it easier for alleged cartelists to prove a mitigation defence in such claims. The UKSC clarified that the extent of mitigation, which may be impossible to determine accurately, need not be proven as a precise amount. Rather than... By: Skadden, Arps, Slate, Meagher & Flom LLP.
The Federal Trade Commission and the U.S. Department of Justice this week announced the final version of their first jointly-issued Vertical Mergers Guidelines (the “Guidelines”). The Guidelines were issued along a party-line vote, with the three Republican FTC Commissioners and the Republican-led DOJ supporting the Guidelines and the two Democratic FTC Commissioners vehemently opposing them.... By: Cadwalader, Wickersham & Taft LLP.
On June 22, 2020, the Federal Trade Commission issued a proposed Made in USA Rule regarding when businesses can advertise that their products are made in the U.S., and giving the agency discretion to impose civil penalties. The proposed rule has not yet been published in the Federal Register, but the agency has invited businesses to file public comments regarding their feedback.... By: Ervin Cohen & Jessup LLP.
Reaction to recent trial losses; focus of enforcement will remain on mergers between competitors - On June 30, the US Department of Justice and the Federal Trade Commission published new Vertical Merger Guidelines clarifying the analytical framework the agencies use to evaluate transactions between companies that are not current or potential future competitors – so-called "vertical" transactions....
Now more than ever, in-house counsel are looking to demonstrate value and generate revenue for their businesses. They often neglect an obscure but profitable revenue stream: recoveries from antitrust class action settlements. Companies routinely receive notice of these settlements, but such notices are all too often discarded based on the mistaken belief that the amount of time and effort to file a claim exceeds the amount of any potential recovery. In this webinar, Robins Kaplan Partner William... By: Robins Kaplan LLP.
Tom Fox and Lisa Ryan, this week’s guest, are both members of C Suite Radio and the National Speakers Association. Lisa spent 20 years in sales before embarking on her entrepreneurial journey in 2010. She brings a unique perspective to the subject of employee engagement, seeing it as an essential skill that leaders need to have.... By: Thomas Fox.
In this week’s OTA & Travel Distribution Update, we cover TripAdvisor’s busy week, including the announcement about its new travel advisor referral service, Reco. Enjoy.... By: Foster Garvey PC.
Defendants in indirect purchaser price-fixing and market allocation cases in federal court frequently challenge plaintiffs' claims for lack of antitrust standing. Relying on the U.S. Supreme Court decision in Associated General Contractors of California v. California State Council of Carpenters, defendants assert that such plaintiffs' injuries are too remote from the defendants' unlawful conduct or are not the type of injury the antitrust laws were intended to prevent. Originally published on... By: Zelle LLP.
Claims that Prevagen, a popular and pricey memory supplement, does not work have been making headlines for years. MedPage Today called the pills a “clear-cut fraud” while NBC News labeled them “a hoax.” In 2012, the Federal Trade Commission (FTC) charged the company manufacturing Prevagen with false advertising, which the agency detailed in a 32-page letter...... By: Searcy Denney Scarola Barnhart & Shipley.
On June 24, John Elias, a former Acting Chief of Staff to the United States Assistant Attorney General for the Antitrust Division, testified in front of the U.S. House of Representative’s Judiciary Committee that last year the Antitrust Division had investigated ten cannabis mergers and the California/automakers emissions agreements based on political pressure from Attorney General Bill Barr and not based on any concerns about harm to competition......
Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community and highlights articles from members of AGG outside the Food and Drug practice. We are thinking of all of you in these difficult times, and hope all of you and your loved ones are safe.... By: Arnall Golden Gregory LLP.
In this episode of Trekking Through Compliance, we consider the episode The Apple which aired on October 13, 1967, Star Date 3715.0. Compliance Takeaways: How do you validate that your policies are being followed? If Red Shirts are always going to die, how do you manage that risk? What is the Board of Director’s role in compliance?... By: Thomas Fox.
In July 2019, the Competition and Markets Authority (CMA) published its Digital Markets Strategy and launched a market study into online platforms and digital advertising. The CMA has now published its final report on the market study, which recommends the introduction of a new "pro-competition" regulatory regime to govern the behaviour of online platforms funded by digital advertising.... By: Dentons.
What’s New in Version 2 - To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently in effect. Additionally, the Guide includes new reference maps on State Price Gouging Thresholds, States with Active Attorney Generals, and States that Provide a Defense or Exception for Increased Costs. The Guide also includes new helpful reference tables on Durations of... By: Proskauer Rose LLP.

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