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Fifth Circuit Finds Flaws in CPSC Rulemaking on Phthalate Limits Highlighting Another CPSC Rulemaking Misstep for the Agency

USA - March 22 2021 The Administrative Procedure Act (the “APA”) requires federal agencies to take specific steps when creating new rules and regulations. As a federal…

Evelyn A. French, Charles A. Samuels

FTC Abandons Appeal of Philadelphia Hospital Merger, Allowing Jefferson and Einstein to Proceed with Creation of 18-Hospital System

USA - March 2 2021 Back in December, we wrote about a district court ruling rejecting the Federal Trade Comission’s (“FTC”) motion to enjoin the proposed combination of…

Robert G. Kidwell, Joseph M. Miller, Bruce D. Sokler

Exercise Equipment Manufacturer, Cybex, Hit with $8 Million Civil Penalty for Late Reporting Demonstrates Aggressive CPSC Enforcement Posture

USA - February 16 2021 In early January, after referral by the CPSC to the Department of Justice (and probably the subject of an Acting Chair Adler public comment), fire…

Charles A. Samuels

Body Camera Manufacturer Fails in Bid to Escape FTC Administrative Jurisdiction as Ninth Circuit Shows No Appetite for Judicial Overhaul of Merger Review Procedure

USA - February 2 2021 The FTC, and antitrust enforcement in general, are having their moment. For example, in early January the Supreme Court heard oral arguments in AMG…

Bruce D. Sokler

FTC’s Hospital Merger Challenges Hit Speedbump in Philadelphia

USA - December 11 2020 The Federal Trade Commission’s (“FTC”) recent winning streak in its ongoing challenges of hospital and physician mergers has, at least for now, ended…

Robert G. Kidwell, Joseph M. Miller, Bruce D. Sokler