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Venable LLP | USA | 22 Apr 2019

Biosimilars and the BPCIA: past, present and future

While the biosimilar market in the United States has gotten off to a relatively slow start compared with Europe – where biosimilars have been available since 2006 – it has recently gained momentum and will continue to grow in the coming years as more blockbuster biologics lose regulatory exclusivity and patent protection.
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Norton Rose Fulbright | USA | 11 Apr 2019

Strategies to avoid lengthy pre-merger reviews

Second requests can be expensive, time consuming and distracting to clients' employees. One way to ease the burden of a second request is to avoid it altogether. While second requests are inevitable for some transactions, certain strategies can help to lessen the likelihood of one being issued.
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Norton Rose Fulbright | USA | 13 Dec 2018

FTC eyes settlement agreements that restrict rivals' online search terms

Litigants often enter into settlement agreements without giving much thought to whether those agreements could form the basis for an antitrust claim – and for good reason because most settlement agreements simply resolve a dispute through money payments. However, agreements that restrict rivals' abilities to engage in advertising or other competitive activities could fall foul of the......
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BMA Barbosa, Müssnich, Aragão | Brazil | 14 Jun 2018

Abuse of dominance enforcement – what's next?

Since the start of 2018, following a period in which it focused on the persecution of cartels, the Administrative Council for Economic Defence (CADE) has directed more resources towards concluding pending abuse of dominance matters and occasionally launching new dominance cases. In so doing, the most pertinent question has become: how will CADE deal with dominance in future?
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Hunton Andrews Kurth LLP | USA | 22 May 2018

FTC warns foreign companies: hands off US kids' geolocation data

The Federal Trade Commission has sent warning letters to two foreign companies that market wearable technology for children that collects geolocation data, allowing parents to monitor and communicate with their children. The letters warned the companies to review compliance with the Children's Online Privacy Protection Act, which requires parental notice and consent before collecting, using......
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Vaish Associates Advocates | India | 15 Mar 2018

CCI imposes Rs1.4 billion penalty on Google for abuse of dominant position

The Competition Commission of India recently imposed a penalty of approximately Rs1.4 billion (approximately $21 million) on Google for abusing its dominant position in the market for "online general web search and web search advertising services" in India. While the $21 million fine imposed may be small for the global technology giant, the ruling has raised hopes for Indian digital start-ups......
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Cooley LLP | USA | 19 Feb 2018

Equity part of your company's compensation plan? Don't forget about HSR

The Federal Trade Commission (FTC) has issued its annual inflation-adjusted thresholds for determining whether an acquisition of voting securities requires prior notification under the Hart-Scott-Rodino Act. If any person or entity will hold voting shares that exceed the set amount as a result of an acquisition, all parties must submit a filing and observe a mandatory waiting period before......
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Vellani & Vellani | Pakistan | 29 Jun 2017

Competition Commission finds that online shopping platform violates Competition Act

Following a complaint filed by an individual against Kaymu (an online shopping platform) for deceptive marketing practices, the Competition Commission conducted an enquiry and found that Kaymu had been involved in the dissemination of false and misleading information to consumers. These actions had resulted in Kaymu having a competitive advantage over other undertakings in the same line of......
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Foley & Lardner LLP | USA | 13 Jun 2017

New commentary on financial performance representations

The North American Securities Administration (NASAA) recently issued the final draft of its new financial performance representations (FPR) commentary. NASAA issued the new FPR commentary because the Federal Trade Commission Franchise Rule permits a franchisor to disclose financial results in Item 19 of the franchise disclosure document, provided that it has a reasonable basis.
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Foley & Lardner LLP | USA | 6 Jun 2017

Revised SBA franchise regulations and addendum

The Small Business Administration (SBA) has rolled out new regulations aimed at reducing administrative costs and the time spent approving franchise companies, while also decreasing the SBA's risk in relation to SBA-guaranteed loans to franchises. Under the new rules, lenders are required to determine whether a brand is a franchise under the Federal Trade Commission's amended Franchise Rule.
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