Antitrust Law Source

Jay L. Levine

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Jay Levine is a partner in the firm’s Washington, D.C. Litigation Department. His practice is concentrated in complex litigation and counseling and he is co-chair of the firm’s Antitrust and Consumer Protection Practice Group. He is also the managing editor of the firm’s innovative Antitrust Law Source blog and host of its podcast, as well editor of the firm’s Food And Agriculture Quarterly.

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Supreme Court clips FTC’s wings

By Jay L. Levine on Categories: Legislative
In a significant decision handed down last Thursday, April 22, 2021, the U.S. Supreme Court ruled that the Federal Trade Commission (FTC) cannot, in the first instance, seek monetary remedies in federal court. Rather, it must first obtain a cease and desist order and, only after a violation of that order, can it seek penalties … Continue Reading

Reevaluating your supply chain: How the new American-made product qualifications rule may impact your business

By Jay L. Levine on Categories: Consumer Protection, Retail
Two recent actions aimed at maximizing domestically-produced goods, products, materials and services may have significant impact on contractors and supply chains. In January 2021, the Federal Acquisition Regulation (FAR) Council published a final rule “Maximizing Use of American-Made Goods, Products, and Materials” that amended the requirements for products to be classified as American-made under the Buy … Continue Reading

Paycheck Protection Program loan necessity questionnaire

By Jay L. Levine on Categories: COVID-19
Borrowers of Paycheck Protection Program (PPP) loans – together with their affiliates – who have loans in excess of $2 million and seek loan forgiveness will potentially need to complete necessity questionnaires according to the Small Business Administration. There are separate forms for for-profit and non-profit businesses and will likely affect 52,000 borrowers. My colleagues … Continue Reading

Ohio’s COVID-19 qualified immunity legislation

By Jay L. Levine on Categories: COVID-19, Legislative
COVID-19 has spurred all sorts of legislation. In this episode, Jay discusses some examples of COVID-19-related legislation with John Carney, Chair of Porter Wright’s Health Care Practice and former three-term Ohio state representative. The discussion includes Ohio’s recently-enacted qualified immunity legislation (HB 606) as well as some thoughts about future laws that may be on … Continue Reading

NCAA’s legal woes: Antitrust challenges from student-athletes continue

By Jay L. Levine and Porter Wright on Categories: Antitrust & Intellectual Property
The NCAA’s legal challenges regarding a student athlete’s ability to financially benefit from their name, image and likeness has ramped up. The league was hit with another class action antitrust lawsuit last week. The lawsuit comes on the heels of a decision by the Ninth Circuit affirming a bench trial victory by student-athletes. In that … Continue Reading

Antitrust during COVID-19 Part 3: Planning for the future

By Jay L. Levine and Allen Carter on Categories: Consumer Protection, COVID-19
With any large crisis, litigation follows and that will certainly be the case with the COVID-19 pandemic. In the third and final installment of our podcast series on consumer protection and antitrust concerns during COVID-19, Jay Levine, host and partner at Porter Wright, talks to attorney Allen Carter, about the areas where businesses may be … Continue Reading

Antitrust during COVID-19 Part 1: Concerns about collaboration

By Jay L. Levine and Allen Carter on Categories: Consumer Protection, COVID-19
During the COVID-19 pandemic, we’ve seen companies collaborating on some great ideas. Companies should keep in mind, however, that the antitrust laws still apply and those who don’t follow them may pay dearly later. In the first of a three-part series about antitrust and consumer protection during COVID-19, host Jay Levine talks to Porter Wright … Continue Reading

Made in the USA? It better be

By Jay L. Levine on Categories: Advertising
The Federal Trade Commission remains vigilant about protecting the integrity of “Made in USA” claims. This is evidenced by its recent settlement with Williams-Sonoma Inc. The FTC claimed that that the well-known home products and kitchen wares company deceptively represented that certain of its products were made in the U.S. when, in fact, they were wholly … Continue Reading

Federal Trade Commission’s interlocking directorate thresholds announced

By Jay L. Levine on Categories: ABC's of Antitrust
On Jan. 28, 2020, 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. These new thresholds will become effective Feb. 27, 2020. As background, the HSR Act requires that acquisitions of voting … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: ABC's of Antitrust
On Feb. 15, 2019 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 … Continue Reading

Regulation of cryptocurrency

By Jay L. Levine on Categories: Retail, Technology
In this episode, Jay and Porter Wright attorney Brett Thornton dive into e-currency, with a focus on cryptocurrency. They start by covering the basics: what it is, the different types and the technology that facilitates the exchanges. Brett explains the rules and regulations for this currency, securities law ramifications to be aware of, and what … Continue Reading

Changes in online shopping

By Jay L. Levine on Categories: Retail
“In most situations, no more tax-free shopping on the internet,” our colleague Mark Snider said based upon a U.S. Supreme Court ruling. In Wayfair v. South Dakota, the court overruled two older decisions that allowed retailers to avoid collecting sales tax on customers outside of its home state and outside other states where the retailer … Continue Reading

Food & Agriculture Quarterly: March 2018

By Jay L. Levine on Categories: Agriculture
I am delighted to bring to you the second edition of Food & Agricultural Quarterly (FAQ). This industry-focused publication is 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. This edition contains three very diverse articles that are … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: Mergers & Acquisitions
On Jan. 26, 2018, 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 … Continue Reading

Porter Wright presents Food & Agriculture Quarterly

By Jay L. Levine on Categories: Agriculture
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 … Continue Reading
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