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Is it easy being “green”? The FTC pursues enforcement actions regulating “green” marketing claims

USA - November 14 2013 As consumers increasingly look for, and are willing to pay a premium for, environmentally friendly products, companies are increasingly seeking to…

Catherine M. Basic, Richard H. Casper, Michael D. (Mike) Flanagan, Sarah A. Slack

Supreme Court game-changer: rule of reason applies to ANDA reverse payment settlements

USA - June 19 2013 In Federal Trade Commission v. Actavis, Inc., No. 12-416, 2013 U.S. LEXIS 4545 (U.S. June 17, 2013), the U.S. Supreme Court reversed the Eleventh…

David L. Rosen, Alan D. Rutenberg

FTC’s $1.2 billion disgorgement settlement with Cephalon: heightened scrutiny of Hatch-Waxman settlements

USA - June 2 2015 On May 28, 2015, the Federal Trade Commission (FTC) announced the settlement of its 2008 lawsuit against Cephalon, Inc. (now owned by Teva…

Stephen B. Maebius

2017 Antitrust Outlook - A Year of Uncertainty

USA - February 2 2017 We expect that this year’s antitrust outlook will continue to carry a degree of uncertainty, whether in the United States, the European Union, or…

Howard W. Fogt, Alan D. Rutenberg

Possible revision of the horizontal Merger Guidelines

USA - September 29 2009 On Tuesday, September 22, 2009, the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission announced that they are planning to hold workshops with a view toward modifying or amending the agencies' current Merger Guidelines.

James T. McKeown, Alan D. Rutenberg