A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for the 4-3 majority, Justice David Wecht, based upon
Antitrust Law Source
Antitrust Law Source, published by Porter Wright Morris & Arthur LLP, focuses on developments in antitrust enforcement and competition law. The blog covers state and federal antitrust enforcement trends, including state attorneys general activities and multistate coordination efforts. It provides updates on legislative changes affecting antitrust laws, such as algorithmic pricing regulations and single-firm conduct statutes. The blog also addresses compliance with the Hart-Scott-Rodino (HSR) Act, including recent enforcement actions, changes to filing requirements, and annual threshold adjustments. Additionally, it discusses issues related to interlocking directorates and civil penalties under antitrust statutes, offering guidance for businesses navigating merger reviews and competition regulations.
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FTC revises HSR and interlocking directorate thresholds
On Feb. 5, 2021 the Federal Trade Commission (FTC) announced the annual changes to the notification thresholds for filings under the Hart-Scott-Rodino Antitrust Improvements Act (HSR), as well as certain other values under the HSR rules. These new thresholds will…
Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers
For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business]…
Paycheck Protection Program loan necessity questionnaire
Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are…
Price gouging lawsuits… and the hits keep coming
As we adapt to the “new normal,” producers and suppliers at all levels of the distribution chain must continue to be cognizant of their pricing and the laws that seek to place a ceiling on those prices. Cases continue to…
Healthcare post-COVID-19 may look radically different
The confluence of forces due to COVID-19 is likely to affect the healthcare industry in serious and unpredictable ways. And the antitrust laws, as well as how they are enforced, will play a big part in shaping (or re-shaping) the…
What to expect in a post-COVID-19 world
Though at times a return to normalcy may seem far off, it makes sense to contemplate what the legal landscape will look like when the current COVID-19 crisis abates, and what we can do now to protect ourselves as best…
Price gouging during COVID-19: The flip side of competition law
In our first installment and podcast, we discussed antitrust enforcement in the COVID-19 era. Now, we’d like to discuss price gouging, which in many ways is the polar opposite of antitrust law. Antitrust laws are based, at least partly,…
Antitrust law in a COVID-19 world: Do we care? Should we care?
Let’s face it, antitrust concerns probably do not top your list of legal concerns at this time. So, it is fair to ask whether companies should worry much about antitrust right now.
The short answer is, yes. The rules have…
Made in the USA? It better be
The Federal Trade Commission remains vigilant about protecting the integrity of “Made in USA” claims. This is evidenced by its recent settlement with Williams-Sonoma Inc. The FTC claimed that that the well-known home products and kitchen wares company deceptively represented that…