On October 1, 2012, the Federal Trade Commission (FTC) issued final revisions to its Guides for the Use of Environmental Marketing Claims (Green Guides or Guidance). The FTC will publish the more than 300-page Green Guides in the Federal Register at 16 C.F.R. Part 260; you may review the text of the Guidance here and at the FTC’s website. Though the Guidance does not
Read More The FTC’s Revised Green Guides
The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’
Reproduced with permission from Antitrust & Trade Regulation Report, 101 ATRR 408, 09/30/2011. Copyright _ 2011 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com.
I. Introduction
The authority of the Federal Trade Commission (‘‘FTC” or ‘‘the Commission”) to prohibit ‘‘unfair or deceptive acts or practices” dates back to the Wheeler-Lea Amendment to the FTC Act in 1938.[1]
Since then, federal and state courts
Read More The Second Prong of the “Cigarette Rule’ Continues to Serve as a Basis for Finding Unfairness Under Several “Little FTC Acts’Antitrust and Consumer Protection Newsletter
In This Issue:
- FTC and DOJ Issue Revised Horizontal Merger Guidelines
- Wiggin and Dana Authors Influential Brief on Confidentiality of Documents Produced Under an Antitrust Subpoena
- Resale Price Maintenance Redux
- In-House Attorney/Client Communications Are Not Privileged In The European Union
FTC AND DOJ ISSUE REVISED HORIZONTAL MERGER GUIDELINES
On August 19, 2010, the Department of Justice and the Federal Trade Commission (the “Agencies”) issued Revised
Read More Antitrust and Consumer Protection NewsletterSo You Still Think You’re Safe Under the Antitrust Laws? Another Word of Advice To Those Who Would Ignore The States
Eight years ago, in the fall of 2002, we authored an article in the pages of the Antitrust Report that warned of the dangers of assuming that state antitrust law would always be the same as its federal counterpart.1 That warning is even more salient today than when originally written. The United States Supreme Court’s 2007 decision in Leegin Creative Leather Products, Inc. v.
Read More So You Still Think You’re Safe Under the Antitrust Laws? Another Word of Advice To Those Who Would Ignore The StatesPractical Application of Consumer Privacy Laws to Franchised Businesses*
This year brings the commencement or increase in enforcement of three major privacy initiatives. First, on March 1, 2010, Massachusetts began enforcement of its specific, and as many would claim, onerous privacy regulation. While only a Massachusetts state regulation, the implementing law states that its jurisdictional reach is to all businesses that possess personal information about a Massachusetts resident. Thus, although this jurisdictional claim has
Read More Practical Application of Consumer Privacy Laws to Franchised Businesses*Significant Developments in Clinical Integration: Federal Trade Commission Opinion Approves of Physician-Hospital Organization Proposal to Negotiate Jointly with Payers
On April 13, 2009, the Federal Trade Commission’s Bureau of Competition, Health Care Division (“BC”) issued a 37-page Advisory Opinion (“Opinion”) to TriState Health Partners, Inc. (“TriState”), a physician-hospital organization based in Hagerstown, Maryland, stating that the BC would not recommend that the Commission challenge TriState’s proposed clinical integration program under the antitrust laws. The Opinion is noteworthy because it provides the most detailed discussion
Read More Significant Developments in Clinical Integration: Federal Trade Commission Opinion Approves of Physician-Hospital Organization Proposal to Negotiate Jointly with PayersUnfair Trade Practices (Volume 12, Connecticut Practice Series)
Wiggin and Dana proudly announces the release of the Unfair Trade Practices (Vol. 12, Connecticut Practice Series) 2006 Pocket Part. The 300 page pocket part contains an extensive discussion of the “unfairness doctrine” that is considered “must reading” for practitioners in the field. The Pocket contains a new antitrust chapter, Chapter 9, not found in the original book.
The co-authors of the Unfair Trade Practices
Read More Unfair Trade Practices (Volume 12, Connecticut Practice Series)Class Action Fairness Act of 2005
Over the past decade, there has been a growing concern that plaintiffs’ lawyers increasingly filed large, national class actions in certain state court venues perceived to be very favorable to plaintiffs. These locations including Madison County, Illinois; Jefferson County, Texas; and Palm Beach County, Florida have been called everything from “magnet” jurisdictions to “magic” jurisdictions. Despite the fact that these class actions often involved plaintiffs
Read More Class Action Fairness Act of 2005So You Think You’re Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the States
Antitrust practitioners generally consider themselves well-versed in key antitrust principles, cases, and developments. They freely allude to “Colgate” and “GTE Sylvania” — meaning something other than toothpaste and televisions — in their everyday conversation. To remain at the top of their trade, they make an effort to stay current on the evolution of antitrust doctrines emanating from the U.S. Supreme Court and the application and
Read More So You Think You’re Safe Under the Antitrust Laws? A Word of Advice to Those Who Would Ignore the States