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Six months into the states of emergencies triggered by the COVID-19 pandemic, there is a sizeable amount of data on how prices have actually moved, potentially leading to more private actions as plaintiffs’ now have the opportunity to review prices retroactively and establish claims based on hard data....
On September 10, 2020, the Commodity Futures Trading Commission (CFTC or Commission) announced the issuance of new, public, staff-level guidance by its Division of Enforcement (Division) that outlines factors to be considered when evaluating compliance programs in connection with enforcement matters....
In a decision that is potentially important for licensors as well as licensees of standard essential patents (SEPs), a panel of the Ninth Circuit has vacated an injunction that the U.S. District Court for the Northern District of California entered in response to the Federal Trade Commission’s (FTC) challenge to the patent licensing practices of Qualcomm Incorporated (Qualcomm)....
On Monday, September 21, 2020, the Federal Trade Commission, with the support of the Department of Justice’s Antitrust Division, proposed changes to the rules governing merger notification under the Hart-Scott-Rodino Act of 1976, as amended. The revisions would require investment funds to report additional information and would exempt certain minority acquisitions from the reporting requirements, including acquisitions of 10% or less of an issuer’s voting securities by activist investors...... By: King & Spalding.
In this episode, we talk about the importance of seeing your compliance program through the government’s eyes. The DOJ Fraud Section recently released its latest update to their guidance on evaluation of corporate compliance programs. While it does not represent a major rewrite, it did provide further clarity on the government’s expectations on post-merger integration, continuous program improvement and compliance’s access to relevant data sources needed to drive the program.... By: Thomas Fox.
What Quanta Storage and Qualcomm mean for Taiwan's businesses. Antitrust litigation in the US continues to focus on competitor interactions. Companies that participate in multiple levels of a supply chain must consider how to engage with their competitors and even whether that engagement should take place in the first place...... By: White & Case LLP.
On Monday, September 21, 2020, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly released two proposed rule changes to the Hart-Scott-Rodino (HSR) premerger filing requirements for acquiring parties. In an extension of a 2011 rule change that established the concept of “associates,” the first proposed change would require aggregation with the filing…... By: Skadden, Arps, Slate, Meagher & Flom LLP.
The U.S. House of Representatives passed H.R. 1418, the “Competitive Health Insurance Reform Act,” by a voice vote on September 21. The legislation, which was introduced back in early 2019 by Congressman Peter DeFazio (D-Oregon), would reduce the scope of the McCarran Ferguson Act’s antitrust exemption, which currently provides insurers with an exemption from the federal antitrust laws.... By: Akerman LLP - Health Law Rx.
CONVERGE is in its 5th year of bringing together the world’s leading companies for 2 days of dynamic speakers, thought-provoking breakout sessions, and opportunities to connect with like-minded professionals. This year the conference has gone virtual. You will leave the conference with new resources and best practices allowing you to continue the hard work of driving ethics to the center of your business. In today’s episode I visit with Mary Shirley. We visit about her panel at Converge20 on... By: Thomas Fox.
What Happened: - The FTC and DOJ proposed new Hart–Scott–Rodino (HSR) rules that, if issued in final form, will significantly change HSR practice for Private Equity (PE) companies. - The Proposed Rules are subject to comment for 60 days after they are published in the Code of Federal Regulations (CFR) and will not go into effect until after that comment period, when they could be issued as proposed, modified, or simply not issued...... By: McDermott Will & Emery.
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends. Iowa Senators Send Letter to DOJ and FTC Urging Action - On September 15, 2020, Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) sent a letter to the Department of Justice and Federal Trade Commission urging the government agencies to take action in response to Iowa’s... By: Proskauer Rose LLP.

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