-
Sep 27, 2024 | 
jdsupra.com | Logan Breed |Chuck Loughlin |Jill Ottenberg
In December 2020, under its authority pursuant to 6(b) of the FTC Act, the FTC issued orders to various companies “requiring them to provide data on how they collect, use, and present personal information, their advertising and user engagement practices, and how their practices affect children and teens.” In the FTC’s September 2024 Report,1 the agency alleges that companies: Collect and “indefinitely retain troves of data from and about users and non-users” in ways that “consumers might not...
-
Aug 29, 2024 | 
lexology.com | Philip Katz |Chuck Loughlin |Gary Veron |Komal Karnik Nigam |Ilana Kattan |Jason Conaty | +3 more
This is the fourth comment related to the pharmaceutical industry the FTC has submitted to various agencies since the beginning of 2024, and part of a broader effort by the FTC to prioritize “safeguarding fair competition and rooting out unlawful business practices in health care markets.”[1] FTC says FDA’s Draft Guidance on interchangeability will increase competition in biologic marketplaces Under the Public Health Service Act, the standard for interchangeability is that a biosimilar “can...
-
Jul 5, 2024 | 
jdsupra.com | Logan Breed |Ilana Kattan |Chuck Loughlin
9 See id. at 7-35. 10 Id. at 5. 11 Id. at 16 (quoting Skidmore v. Swift & Co., 323 U.S. 134, 140 (1944)). 12 Id. at 3513 The FTC’s rulemaking authority is governed by Section 6(g) of the FTC Act. 15 U.S.C. Sec. 46(g), “Additional powers of Commission.”14 See Federal Trade Commission, “Policy Statement Regarding the Scope of Unfair Methods of Competition Under Section 5 of the Federal Trade Commission Act,” Commission File No. P221202 (Nov. 10, 2022) available here.
-
Jul 5, 2024 | 
lexology.com | Lauren Battaglia |Logan Breed |Michael DeLarco |George Ingham |Tao Leung |Chuck Loughlin | +1 more
On July 3, 2024, a Texas federal judge issued a preliminary injunction postponing the September 4, 2024 effective date of the Federal Trade Commission (FTC)’s final rule banning non-compete agreements (the Non-Compete Rule) as to plaintiffs Ryan, LLC, the U.S. Chamber of Commerce, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce.
-
Jun 27, 2024 | 
concurrences.com | Hogan Lovells |Logan Breed |Chuck Loughlin |Ilana Kattan
Previous article Next article Share on | On June 28, 2024, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year old precedent established in Chevron, U.S.A. v. Natural Resources Defense Council.
-
Jun 27, 2024 | 
concurrences.com | Hogan Lovells |Logan Breed |Chuck Loughlin |Ilana Kattan
On June 28, 2024, the U.S. Supreme Court issued a highly anticipated decision overturning the 40-year old precedent established in Chevron, U.S.A. v. Natural Resources Defense Council. [1] Under the Chevron doctrine, courts were required to give deference to administrative agencies’ interpretations of the statutes they administer when those statutes were ambiguous. The court’s 6-3 decision (along party lines) to eliminate “Chevron deference” leaves interpretations of administrative statutes...
-
Jun 4, 2024 | 
jdsupra.com | Ashley Howlett |Chuck Loughlin |Jill Ottenberg
The May 2024 RFI is in-line with the Agencies’ shift towards a holistic approach to analyzing transactions that considers not only the immediate competitive effects of the transaction, but also the acquiror’s history and current or future strategic initiatives. The 2023 Merger Guidelines—finalized by the Agencies in December 2023— specifically address serial acquisitions. Guideline 8 provides that “. . .
-
May 6, 2024 | 
lexology.com | David Fox |Philip Katz |Chuck Loughlin |Gary Veron |Jason Conaty |Ilana Kattan | +2 more
On April 30, 2024, the Federal Trade Commission (FTC) announced that it sent a new set of warning letters to ten pharmaceutical companies. The letters inform the companies that the FTC has notified the Food and Drug Administration (FDA) that the Commission is disputing 300 allegedly “improper or inaccurate” patent listings in the FDA Orange Book.
-
Apr 29, 2024 | 
concurrences.com | David Fox |Philip Katz |Chuck Loughlin |Gary Veron
Hogan Lovells (Washington) Counsel Jason Conaty is counsel at Hogan Lovells, based in the firm’s Washington D.C. office. He counsels clients on the regulations and policies affecting complex drug and biotechnology products from the laboratory bench to the marketplace. Jason handles FDA approvals and lifecycle management for complex and advanced therapies.
-
Apr 29, 2024 | 
concurrences.com | David Fox |Philip Katz |Chuck Loughlin |Gary Veron
Hogan Lovells (Washington) Partner David Fox is a partner at Hogan Lovells based in the firm’s Washington DC. office. He is a leading authority on the regulation of prescription and over-the-counter drugs, biological products, combination products, and controlled substances.
