FTC eyes contact lens trademark settlement agreements

By John P. Feldman, Andrew Bernasconi & Karl Herrmann on December 6, 2018

Over a spirited dissent, and in a 3–1 decision issued on November 14, the Federal Trade Commission (FTC) Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action by entering into settlement agreements with competitors that (1) harmed consumers in the online sale of contact lenses and (2) harmed search engines by artificially reducing the prices paid for online advertisements. The settlement agreements at issue resolved allegations by 1-800 Contacts that its competitors…

AdLaw By Request®

FTC Eyes Contact Lens Trademark Settlement Agreements

By John P. Feldman & Andrew Bernasconi on December 6, 2018

Over a spirited dissent, and in a 3-1 decision issued on November 14, the FTC Commissioners held that 1-800 Contacts violated Section 5 of the FTC Action by entering into settlement agreements with competitors that (1) harmed consumers in the online sale of contact lenses and (2) harmed search engines by artificially reducing the prices paid for online advertisements. The settlement agreements at issue resolved allegations by 1-800 Contacts that its competitors were infringing upon…

Life Sciences Legal Update

Florida Court is Latest to Vacate FCA Judgment

By Andrew Bernasconi on January 24, 2018

As covered in “Court Overturns $350 Million Judgment in FCA Case: Materiality, Scienter, and Causation Standards Preclude Liability by “’Zaps, Traps, and Zingers’”, Andy Bernasconi discusses a recent case, in which the Middle District of Florida issued a blistering opinion vacating a $350 million judgment in a False Claims Act (FCA) case and granting the defendants’ motion for judgment as a matter of law. This is part of a growing list of decisions…

AdLaw By Request®

ALJ Affirms Antitrust Violations for Ad Tech Agreements in FTC v. 1-800 Contacts

By John P. Feldman, Andrew Bernasconi & Ali Peters on December 15, 2017

Please see our recent write-up of the ALJ’s decision to affirm the finding in FTC v. 1-800 Contacts of antitrust violations in their ad tech agreements. You can find that write-up here.…

Global Regulatory Enforcement Law Blog

ALJ Upholds FTC Judgement of Antitrust Violations for Ad Tech Agreements Against 1-800 Contacts

By Andrew Bernasconi, John P. Feldman & Ali Peters on December 15, 2017

With the holiday marketing season upon us, marketers launch the month-long, relentless scramble for consumer visibility and coveted advertising space on high-traffic inventory. One matter likely not on marketers’ radars? Antitrust violations. A recent ruling on a case brought by the Federal Trade Commission (“FTC”) against 1-800 Contacts scrutinizes the brand’s ad tech playbook through an antitrust lens, calling into question the legality of certain private agreements. The crux of the FTC’s unfair competition case…

Global Regulatory Enforcement Law Blog

Significant FCA Decision Affirms the Importance of Materiality

By Andrew Bernasconi on October 5, 2017

The U.S. Court of Appeals for the Fifth Circuit recently issued a well-reasoned decision that takes the rare step of overruling a jury finding of False Claims Act (FCA) liability, and erasing the damages award of more than $663 million, after trebling and inclusion of civil penalties. See United States ex rel. Harman v. Trinity Indus. Inc., No. 15-41172, 2017 WL 4325279 (5th Cir. Sept. 29, 2017). The decision applied the U.S. Supreme Court’s decision…

Andrew Bernasconi

FTC eyes contact lens trademark settlement agreements

FTC Eyes Contact Lens Trademark Settlement Agreements

Florida Court is Latest to Vacate FCA Judgment

ALJ Affirms Antitrust Violations for Ad Tech Agreements in FTC v. 1-800 Contacts

ALJ Upholds FTC Judgement of Antitrust Violations for Ad Tech Agreements Against 1-800 Contacts

Significant FCA Decision Affirms the Importance of Materiality

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