On August 16, 2023, the Federal Trade Commission announced that it has settled, via a proposed consent order, a pending antitrust investigation into a proposed acquisition in which a private equity firm, Quantum Energy Partners (“Quantum”), was integrally involved with natural gas producer EQT Corporation (“EQT”).[1] The conduct remedies include Quantum agreeing to relinquish seats on a competitor’s board, which is particularly important for
Read More The FTC has Recently Substantially Elevated its Focus upon Both Private Equity and Interlocking DirectoratesAntitrust Enforcement
The FTC Has Revised Its Endorsement and Testimonial Guides
Posted on
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
Posted on
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 ActRemembering a Blissful Summer for SEP Owners
Posted on
“From key court decisions in the United States and Europe to positive policy developments, write Joseph Casino, Benjamin Diessel and Michael Kasdan of Wiggin and Dana, the global SEP community has had much to celebrate this year.”
Partners Joseph Casino, Benjamin Diessel and Michael Kasdan have co-authored an article for IAM titled, “Remembering a Blissful Summer for SEP Owners.”
To read the article, click…
Read More Remembering a Blissful Summer for SEP Owners100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology Practice
Posted on
On April 30, 2020, the US Department of Justice Antitrust Division (DOJ) announced that it had settled a criminal antitrust case against a group of physicians that has resulted in the payment of a $100 million penalty. Medical providers, take notice.
This action by the DOJ was brought against the Florida Cancer Specialists & Research Institute, LLC (FCS), an oncology group headquartered in Fort Myers…
Read More 100 Million Dollar Criminal Antitrust Penalty Paid By Florida Oncology PracticeAttorneys Robert M. Langer, Benjamin H. Diessel and Timothy Cowan’s Published By The National Law Review
Posted on
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 ReviewRecent Developments in Intellectual Property Law
Posted on
Wiggin and Dana is pleased to present its Intellectual Property Practice Group’s latest newsletter: “Recent Developments in IP Law.” This newsletter takes a look back at some of the biggest developments in intellectual property law in 2019, as well as a look forward at what we can expect for 2020.
To read the newsletter, please click the PDF link at the bottom of the page.…
Read More Recent Developments in Intellectual Property LawWhy Correctly Understanding Antitrust Risk is Crucial to Properly Addressing Brand Dilution in the E-Commerce Age
Posted on
The National Law Review has published a recent article titled, Why Correctly Understanding Antitrust Risk is Crucial to Properly Addressing Brand Dilution in the E-Commerce Age, which was authored by Wiggin and Dana Partner, Benjamin Diessel and Associate, Timothy Cowan.
To read the full article, please click here.
Read More Why Correctly Understanding Antitrust Risk is Crucial to Properly Addressing Brand Dilution in the E-Commerce AgeThe LabMD Decision Reins In the FTC’s Authority to Issue Broadly Worded and Ill-Defined Orders
Posted on
In the 11th Circuit’s highly anticipated decision in LabMD, Inc., v. FTC, the court declined to reach the most contentious issue in the case: the scope of the Federal Trade Commission’s (FTC) authority to regulate data privacy and security practices as an unfair act or practice under Section 5(n) of the FTC Act absent evidence of demonstrable harm resulting from a data breach…
Read More The LabMD Decision Reins In the FTC’s Authority to Issue Broadly Worded and Ill-Defined OrdersFaculty Non-Poaching Agreements Pose Significant Antitrust Risks
Posted on
In an important development for colleges and universities throughout the United States, a federal district court judge on February 1, 2018 certified a class of medical school faculty members in an antitrust suit against Duke University and the University of North Carolina. The class action suit alleges that Duke and UNC had an agreement not to permit lateral moves of faculty members between Duke and…
Read More Faculty Non-Poaching Agreements Pose Significant Antitrust Risks