Antitrust Law Source

Jay Levine

Jay Levine

Editor and frequent host of Porter Wright’s Antitrust Law Source, Jay Levine is a partner based in Washington, D.C. Jay has extensive litigation experience in a variety of industries, particularly health care, pharmaceuticals and consumer products. Over the past few years, he has represented pharmaceutical companies in several antitrust and competition-related actions, many of which involved issues not previously litigated. Jay regularly represents clients before the government enforcement agencies, in both criminal and civil matters, and is currently defending clients in several different class actions.

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Porter Wright presents Food & Agriculture Quarterly

Welcome to our inaugural issue of Food & Agricultural Quarterly (FAQ). This new, industry-focused publication was designed to focus on the key issues food and agriculture industry stakeholders are facing – regardless of whether you are a small, family-owned farming operation or international food producer.

In our first issue, we bring together three rather diverse articles. First, Emily Taylor describes the phenomenon of urban farming, and the challenges facing such would-be agrarians. Next, Devan Flahive provides us with an update on the USDA food labeling program as it relates to genetically-engineered products. Finally, I’ll walk you through the latest on …

DCMA agent requirements changing

Bob Morgan, our colleague at Technology Law Source, shares detail about the upcoming Digital Millennium Copyright Act (DCMA) agent filing change that takes effect Dec. 31.

This agent filing is a necessary element of the Digital Millennium Copyright Act (DMCA) safe harbor provision (Title II of the DMCA (the Online Copyright Infringement Liability Limitation Act)) — an Act which shields online service providers from liability for material posted by their users. If your company has an interactive website, social media presence, or message board it’s worth giving this a read:  DMCA agent requirements changing by end of

Is it time to change the focus of the antitrust laws? The debate is heating up

There is currently a tug-of-war going on over the heart and soul of the antitrust laws. Well, perhaps that is a bit dramatic. But it is certainly fair to say that there is surging sentiment that the antitrust laws, and specifically antitrust enforcement, should be recalibrated to address concerns that are “populist” in nature. This was particularly evident last week by the introduction of two bills by Sen. Amy Klobuchar (D-Minn.) that seek to make it easier for the antitrust agencies to challenge “undue market concentration.”

The first bill would amend Section 7 of the Clayton Act, the law that …

Access to “data” – the new competitive battlefield

Data is a buzzword popular in the media today. Most often we hear or read the word in conjunction with a breach of a major retailer or healthcare company. It is also used by companies to target us with behavioral advertising. But it also has become the new coin of the realm. Being neither a physical asset nor intellectual property, data has become the engine that powers much of our new commerce. And for precisely that reason, access to data is becomingly more of a competitive, and hence an antitrust, concern.…

What does it take to bring foreign companies to the US?

In this episode, Jay talks to Oded Shenkar, Ford Motor Company Chair in Global Business Management and Ohio State professor, about the challenges and opportunities facing foreign businesses who wish to come to the United States. The duo talks about regulatory matters, strategic factors and how the political climate will affect a company’s decision to doing business in the United States.…

Don’t wannacry? Help your IT staff prevent ransomware

The latest cyberattack  making the news (and some say the largest to date) is the “Wannacry” ransomware.  The ransomware looks for computers containing an operating system vulnerability in the Microsoft Windows platform and then appears to infect computers… without a single click required.  My colleague, Brian Hall, outlines the risks employers may face when dealing with cyberattacks  — as well as how human resource departments can help protect their organizations in his recent blog post “Don’t wannacry? Help your IT staff prevent ransomware“.…

FTC revises HSR and interlocking directorate thresholds

Last week, 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. As background, the HSR Act requires that acquisitions of voting securities or assets that exceed certain thresholds be disclosed to U.S. antitrust authorities for review before they can be completed. The “size-of-transaction threshold” requires that the transaction exceeds a certain value. Under certain circumstances, the parties involved also have to exceed “size-of-person thresholds.” This year’s values, which are adjusted annually based on changes in the GNP, …

Venture capitalism and start-ups in Ohio

Ohio has become a hot spot for venture capitalists to invest in companies. The level of talent and sense of community that the state provides are just a few of the reasons VC’s are putting their money here. Jay talks with Falon Donahue, CEO of Venture Ohio, and Porter Wright attorney Brett Thornton about why many international companies, including start-ups and emerging businesses from Israel, Japan and the EU, large organizations like Amazon and cyber security firms are calling Ohio home.…

Gun jumping the Brazilian way

Gun jumping – coordination before merger clearance – isn’t just an American issue.  Jay and Andre Gilbert, a Brazilian competition attorney, discuss what happens in Brazil when parties work together prior to the approval of a merger – Brazil’s standards, potential fines and the penalties companies might be faced with when this happens.…

Introduction to Brazilian antitrust enforcement

Before the independence of CADE (the Administrative Council for Economic Defense), it could take months for Brazilian mergers to be approved. Jay talks to Brazilian competition attorney Andre Gilberto about how the Brazilian government improved the process for reviewing antitrust and merger cases, what crimes can be criminally prosecuted and merger control.…

FTC has ruled….and companies better beware!

In a move the surprised no one, the Federal Trade Commission (FTC) reversed the decision of its own Administrative Law Judge (ALJ) and held that LabMD’s “data security practices constitute an unfair act or practice within the meaning of Section 5 of the FTC Act.” There are two noteworthy aspects to the opinion. First, if the magnitude of the harm is great enough, the risk of its occurrence can be low and still satisfy the “substantial injury” requirement. Second, believe it or not, the word “likely” does not mean “probably.” …

Part one: Privacy matters

In this three-part series, Jay speaks with attorneys across Porter Wright’s departments and practices about privacy and data security. Today’s podcast begins with Christina Hultsch who talks about the options available for European Union companies to transfer data. …

Antitrust & politics: A match made in…

After eight years of antitrust enforcement under the Obama administration that some consider robust, while others are more critical, it is fair to wonder what we can expect from a Trump or Clinton administration. Of course, it is often difficult, if not dangerous, to make such prognostications, but it is worth considering the question nonetheless.

Donald Trump has had little to say so far on his position concerning antitrust enforcement. But, he has had one high profile run-in with the antitrust laws that may inform his perspective on the topic. Way back in 1986, Mr. Trump owned the New Jersey …

New FDA food safety rule spans stakeholders from farm to fork

My colleagues Brian Augustine and Phil Calabrese recently authored an informative piece on a new FDA rule which impacts stakeholders in the food, transportation and hospitality industries. As many in the agribusiness will find this of interest, I wanted to take a moment to share the article with you.

From “FDA New Food Safety Rule Spans Stakeholders From Farm to Fork:”

“The rule imposes a broad array of new regulatory requirements that apply to shippers, receivers, loaders, and carriers by motor vehicle and rail engaged in the transportation of food, whether or not the food is offered for

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