Class Dismissed

May 13, 2021 - Appellate & Supreme Court, Antitrust, Class Action, Mass Torts
FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?
By: Alexander Okuliar, David J. Shaw and Joseph Charles Folio III
The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. [1] On March 25, 2021, FTC Acting Chairwoman Rebecca Slaughter (D) formed a group within the agency’s
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April 30, 2021 - Appellate & Supreme Court, FTC, Antitrust, Class Action
AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool
By: Bonnie Lau, Megan E. Gerking, Adam J. Hunt and Michael G. Ahern
In a unanimous decision reversing the Ninth Circuit, the Supreme Court in AMG Capital v. FTC ended a federal circuit split and squarely held that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade
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June 30, 2020 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Schein On: Supreme Court to Decide Key Arbitration Delegation Question
The Henry Schein arbitration battle is making its way to the Supreme Court again. The Court recently granted Henry Schein, Inc.’s certiorari petition to answer the question of “Whether a provision in an arbitration agreement that exempts certain claims from arbitration negates an otherwise
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January 16, 2019 - Drug & Medical Device, Consumer Products, Antitrust, Arbitration
Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator
By: Penelope A. Preovolos
The United States Supreme Court continued the pro-arbitration trend in its jurisprudence, as well as its strict construction of the Federal Arbitration Act, in its unanimous decision in Henry Schein , Inc. v. Archer & White Sales, Inc. , No. 17-1272, 2019 WL 122164
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Topic Archives: Antitrust

FTC Lays Groundwork for Rulemakings: Are New Substantive Competition Rules Coming?

By: Alexander Okuliar, David J. Shaw and Joseph Charles Folio III

AMG Capital v. FTC – SCOTUS Strips the FTC of a Critical Enforcement Tool

By: Bonnie Lau, Megan E. Gerking, Adam J. Hunt and Michael G. Ahern

Schein On: Supreme Court to Decide Key Arbitration Delegation Question

Leave Arbitration to the Arbitrator: No “Wholly Groundless” Exception Where Contract Delegates Arbitrability Determination to the Arbitrator

By: Penelope A. Preovolos