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Tunney Act proceedings for CVS-Aetna merger settlement must proceed, despite shutdown

The Department of Justice Antitrust Division’s contention that the proposed merger of CVS Health Corporation and Aetna Inc. would have benefits and efficiencies to the healthcare system foreclosed the government from seeking a delay in responding to public comments on

FTC’s $10.85 million disgorgement order against ‘debt collection enterprise,’ principals upheld

In the FTC’s enforcement action against 13 corporate entities operating together as a "single debt collection enterprise" and the founders and directors of the enterprise—William Moses and Mark Briandi—for alleged violations of the FTC Act’s

Chicken of the Sea reaches settlement in packaged seafood price fixing case

Chicken of the Sea has announced a settlement with 29 companies, resolving antitrust claims against processors of packaged seafood products for conspiring to raise prices by decreasing the size of the available products without lowering their prices. Under the terms of the s

Grocery chains’ claims against non-coop defendants in mushroom price fixing case fail

Claims brought by Winn-Dixie Stores, Inc. and Bi-Lo Holdings, LLC, alleging that a cooperative, its members, and other defendants conspired to fix prices for mushrooms, failed against all defendants other than the cooperative, held a federal district court in Pennsylvania. T

‘Wholly groundless’ exception to arbitrability tossed as inconsistent with FAA, precedent

The "wholly groundless" exception to arbitrability, that certain federal appellate courts have ruled permits a court to decide the threshold question of arbitrability when the question was wholly groundless, even though the governing arbitration rules delegated arb

High Court passes on airline baggage fee price fixing, franchisee advertising cases

Today the U.S. Supreme Court declined to review petitions for certiorari asking the High Court to determine whether there is a Sherman Act exception for publicly reached collusion, and whether franchisee advertising can subject an out-of-state franchisor, in this c

Government shutdown suspends FTC administrative proceedings, but Qualcomm trial on track

The FTC, which was able to continue operating using unexpended resources for about a week after the continuing resolution funding its operations and that of many other federal departments and agencies expired, closed as of December 28, 2018, suspending all non-merg

Browning-Ferris joint-employer test upheld, to some extent, on ‘indirect control’

A divided D.C. Circuit panel has upheld the NLRB’s Browning-Ferris joint-employer standard—in particular, the consideration of a putative joint employer’s reserved right to control the workers in question, and the indirect control it exercises ove

Agriculture sector advocacy group unable to challenge USDA rule withdrawal

The U.S. Court of Appeals in St. Louis denied a petition by Organization for Competitive Markets (OCM), an advocacy group representing its members in the food and agricultural sectors, for review of 2017 U.S. Department of Agriculture (USDA) orders withdrawing an interim fin

Alleged sham litigation counterclaims over Prevacid go forward

Antitrust counterclaims brought by Zydus Pharmaceuticals, Inc. after being sued by Takeda Pharmaceutical Company Limited for patent infringement were not dismissed by a federal district court in New Jersey despite Takeda’s assertion of Noerr-Pennington immunity. Takeda

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