On October 10, the Federal Trade Commission (“FTC”) announced its final rules with respect to Premerger Notification under the Hart-Scott-Rodino Antitrust Improvement Act of 1976 (as amended) (“HSR”). The final rules formalize what will be the largest change to premerger notification requirements since at least 2000. The final rules follow from the draft rules that the FTC published in June 2023.[1] The new
Read More FTC Proposes Dramatic Changes to HSR Premerger Filings, as Agencies Unveil New Merger Guidelines
The FTC Has Revised Its Endorsement and Testimonial Guides
On June 29, 2023, the Federal Trade Commission (“FTC”) published the final version of its revised “Guides Concerning the Use of Endorsements and Testimonials in Advertising”[1], hereinafter (“Guides”). For the purposes of the Guides, it is important to note that endorsements and testimonials are treated identically.[2]
The revised Guides contain a number of significant changes to the prior version of the Guides
Read More The FTC Has Revised Its Endorsement and Testimonial GuidesThe FTC to Vigorously Enforce The Robinson-Patman Act
The Federal Trade Commission (FTC) has announced its intention to ramp up enforcement of the Robinson-Patman Act (RPA), a Great Depression era anti-price discrimination law. Neither the FTC nor the DOJ has significantly enforced the RPA for several decades. This announcement marks a major shift in the enforcement landscape. Companies should work with counsel to take stock of pricing activities and to review potentially impacted
Read More The FTC to Vigorously Enforce The Robinson-Patman ActUS DOJ Antitrust Division Withdraws Safety Zones
The United States Department of Justice Antitrust Division announced on February 3, 2023, that it has withdrawn from three guidance documents, issued in 1993, 1996 and 2011. The reason given was that the guidance documents were deemed “obsolete.”
The most significant aspect of this announced withdrawal is that each document provided certain “safety zones” for health care providers. Simply stated, if a company complied strictly
Read More US DOJ Antitrust Division Withdraws Safety ZonesSenior Counsel Robert M. Langer Authors the Connecticut Chapter of a Treatise Dedicated to State Consumer Protection Law
Senior Counsel Robert M. Langer has authored the Connecticut state chapter of the first edition of State Consumer Protection Law, a treatise published by the ABA’s Antitrust Law Section. Partners Steven B. Malech and Joseph Merschman both contributed to the Connecticut chapter of the predecessor treatise Consumer Protection Law Developments.
Bob is also the co-author of the definitive treatise on Connecticut’s principal consumer protection statute
Read More Senior Counsel Robert M. Langer Authors the Connecticut Chapter of a Treatise Dedicated to State Consumer Protection LawSenior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust Magazine
Senior Counsel Robert Langer and Partner Benjamin Diessel co-authored an article titled, “Off the Wagon: Rejecting Efforts to Write the Agreement Requirement Out of Section 1 in Liquor Regulation Preemption Cases” in ABA Antitrust Law Section’s Antitrust Magazine. The article discusses the complex intersection of state pricing regulation, the Sherman Antitrust Act and the U.S. Constitution’s Supremacy Clause. It explains at length why the
Read More Senior Counsel Robert Langer and Partner Benjamin Diessel Published an Article in ABA Antitrust Law Section’s Antitrust MagazineConnecticut Makes Significant Changes to Its Credit Card Surcharge Law Effective Immediately
Connecticut has amended its credit card surcharge law, effective as of May 24, 2022, that imposes important disclosure requirements in order for companies to offer discounts to customers who choose to pay in cash rather than by credit card. [1]
What is a Surcharge?
A surcharge is “an additional charge or fee that increases the total amount of a transaction for the privilege of using
Read More Connecticut Makes Significant Changes to Its Credit Card Surcharge Law Effective Immediately“FTC Merger Policy Shifts May Spur Uncertainty And Risk”
Partner Benjamin Diessel, Senior Counsel Robert Langer and Associate Zeynep Aydogan authored a piece titled, “FTC Merger Policy Shifts May Spur Uncertainty And Risk” for Law360. The article discusses the recent measures that the Federal Trade Commission has taken to “reshape its enforcement priorities for review of mergers and acquisitions.”
Traditionally, new policies have been adopted jointly by the FTC and the U.S.
Read More “FTC Merger Policy Shifts May Spur Uncertainty And Risk”The FTC’s Recent Unilateral Changes in Its Merger Policies Creates Both Uncertainty and Increased Risk
The Federal Trade Commission (“FTC” or “Commission”) has recently taken bold measures to reshape the Commission’s enforcement priorities for review of mergers and acquisitions. The FTC shares jurisdiction over such reviews with the United States Department of Justice (“DOJ”). Accordingly, new policies have historically been adopted jointly by the FTC and DOJ. Several recent actions of the FTC, however, have been undertaken unilaterally in a stark
Read More The FTC’s Recent Unilateral Changes in Its Merger Policies Creates Both Uncertainty and Increased RiskAttorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law Review
Wiggin and Dana attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s advisory titled, “100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice” has been published by The National Law Review.
To read their piece on the The National Law Review‘s website, click here.
Read More Attorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law Review