On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more
7/15/2021
/ Anti-Competitive ,
Antitrust Violations ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
FTC Act ,
Healthcare ,
Joe Biden ,
Manufacturers ,
Mergers ,
No-Poaching ,
Non-Compete Agreements ,
Pharmaceutical Industry ,
Wage-Fixing
Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more
4/16/2021
/ Anti-Competitive ,
Antitrust Injuries ,
Burden of Proof ,
Class Action ,
Class Certification ,
Confidential Business Information (CBI) ,
Conspiracies ,
Corporate Counsel ,
New Guidance ,
Predominance Requirement ,
Price-Fixing ,
Promotional Items ,
SCOTUS ,
Tyson Foods v Bouaphakeo
Amid the national coronavirus emergency, the antitrust enforcement agencies remain open for business. However, like the rest of these country, these agencies—the Department of Justice (DOJ) and Federal Trade Commission...more
The Department of Justice Antitrust Division will now consider a target company’s antitrust compliance program when determining how to resolve criminal matters. This represents a fundamental shift in the Antitrust Division’s...more
9/6/2019
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Chief Compliance Officers ,
Compliance ,
Cooperation ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Federal Sentencing Guidelines ,
New Guidance ,
Risk Assessment ,
White Collar Crimes
Recent public statements from Makan Delrahim, Assistant United States Attorney General for the Antitrust Division at the U.S. Department of Justice (DOJ), and Joseph Simons, Federal Trade Commission (FTC) Chairman, indicate...more
To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators, legislators,...more
The amendment of Wis. Stat. section 803.08, which takes effect July 1, 2018, modernizes and brings needed clarity to class action practice in Wisconsin state courts. Precedent from the federal courts should help guide...more
4/26/2018
/ Amended Rules ,
Attorney's Fees ,
Class Action ,
Class Certification ,
Discovery ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
FRCP 23(b)(2) ,
Notice Requirements ,
Popular ,
Putative Class Actions ,
Settlement Agreements ,
State and Local Government
In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more
4/12/2018
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Liability ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Human Resources Professionals ,
New Guidance ,
No-Poaching ,
Wage and Hour ,
Wage-Fixing
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more
On November 7, 2017, the Federal Trade Commission (FTC) released an advisory opinion confirming that a non-profit hospital in New York may sell discounted prescription drugs to the employees of an affiliated medical practice...more
11/16/2017
/ 501(c)(3) ,
Advisory Opinions ,
Commodities ,
Competition ,
Federal Trade Commission (FTC) ,
Healthcare Facilities ,
Hospitals ,
Non-Profit Hospitals ,
Nonprofits ,
Pharmaceutical Industry ,
Price Discrimination ,
Robinson-Patman Act
On April 7, 2017, the Northern District of California denied class certification to two proposed classes of wholesalers in ABC Distributing, Inc. v. Living Essentials LLC, Case No. 15-cv-02064 NC (N.D. Cal.), a secondary-line...more
5/2/2017
/ Actual Injuries ,
Amended Complaints ,
Class Action ,
Class Certification ,
FRCP 23 ,
FRCP 23(a) ,
FRCP 23(b)(2) ,
FRCP 23(b)(3) ,
Motion to Dismiss ,
Price Discrimination ,
Proof of Claims ,
Question of Fact ,
Question of Law ,
Robinson-Patman Act
In the wake of the decision from the Supreme Court in the United States on Spokeo, Inc. v. Robins, courts are grappling with how to apply the injury requirement for standing under Article III to “no-injury” class actions....more
On August 12, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced they are seeking public comments on the first update to the Antitrust Guidelines for the Licensing...more
On August 12, 2016, the Seventh Circuit reversed the district court decision allowing Woodman’s Food Market, Inc.’s (Woodman’s) price discrimination lawsuit against The Clorox Company and The Clorox Sales Company (Clorox) to...more
On February 2, 2015, a federal judge denied a motion to dismiss a claim that Clorox’s proposed policy of providing only large bulk-size packages of products to warehouse clubs, like Sam’s Club and Costco, and not to competing...more