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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“Made in the USA” labeling: A trap for the unwary – Part two

By Jay L. Levine, Bob Tannous and Porter Wright on Categories: Consumer Protection, Retail
How can retailers and product designers minimize their liability exposure to “Made in the USA” false-labeling claims without sacrificing the valuable label itself? In part two of the “Made in the USA” podcast series, Jay Levine, Jared Klaus and Bob Tannous discuss how mitigating risk from such claims requires a holistic approach, including such strategies … Continue Reading

“Made in the USA” labeling: A trap for the unwary – Part one

By Jay L. Levine, Bob Tannous and Porter Wright on Categories: Consumer Protection, Retail
A slew of recent class actions brought in California are claiming that retailers and product designers acted deceptively by marketing their products as “Made in the USA.” But, as discussed in this podcast, the issue is far from black and white. For instance, can a pair of jeans assembled in the USA from domestically produced … Continue Reading

FTC revises HSR and interlocking directorate thresholds

By Jay L. Levine on Categories: ABC's of Antitrust, Mergers & Acquisitions
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. … Continue Reading

Hospital pays six figures to settle data breach enforcement suit

By Jay L. Levine on Categories: Consumer Protection, Health Care, Privacy & Data Security, Technology
At the end of last month, Boston hospital Beth Israel Deaconess Medical Center (BIDMC) settled a data breach lawsuit brought by the Massachusetts Attorney General related to the 2012 theft of a physician’s laptop. Under a consent decree entered on Nov. 20, 2014, BIDMC agreed to pay $100,000 and to take a number of steps … Continue Reading

A compliance problem truly “Made in the USA”

By Jay L. Levine and Porter Wright on Categories: Consumer Protection, Retail
Following the expiration of a public comment period last week, the ink is now dry on the Federal Trade Commission’s consent decree against Made in USA Brand, LLC, settling charges that the Columbus, Ohio-based company sold its “Made in USA” certification label to product-sellers without making any attempt to verify whether the companies’ products were … Continue Reading

The importance of the state action exemption on state licensing boards

By Jay L. Levine and Darcy Jalandoni on Categories: Antitrust & Intellectual Property, Health Care
This podcast discusses the background and potential legal implications, particularly on state licensing boards, of North Carolina Board of Dental Examiners v. Federal Trade Commission, argued before the U.S. Supreme Court last month and previously summarized here. Jay Levine and Darcy Jalandoni, members of Porter Wright’s Antitrust Group, provide an overview of the state action … Continue Reading

HSR: Listen to the statute and…wait!

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Mergers & Acquisitions
As we have explained in the past, parties to a merger or acquisition must report the transaction to federal antitrust authorities – the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) – provided the parties and the transaction exceed certain thresholds. The statute that governs that reporting obligation, Section … Continue Reading

FTC’s focus on ‘patent trolls’ not limited to competition concerns

By Jay L. Levine and Allen Carter on Categories: Consumer Protection
The FTC sent a message to “patent trolls” earlier this month, though how well that message will resonate remains to be seen. On Nov. 6, the FTC’s Bureau of Consumer Protection concluded its investigation into MPHJ Technology Investments, LLC’s practices involving its so-called “inquiry letters” by agreeing to accept a consent order. The consent order … Continue Reading

How a smile might change the fortune of state licensing

By Darcy Jalandoni and Jay L. Levine on Categories: Consumer Protection, Health Care
One of the most important cases the U.S. Supreme Court will decide this year—at least with respect to antitrust law—involves the question of whether dentists in North Carolina can maintain a monopoly over teeth whitening services. While it hasn’t generated nearly the level of public attention as cases involving marriage equality or voting rights, North … Continue Reading

Two DOJ officials: You better have an effective antitrust compliance program or it can cost you

By Molly Crabtree and Jay L. Levine on Categories: Criminal Government Enforcement
Nobody likes paying legal fees for compliance matters. Businesses often feel they derive no tangible benefit from spending money on compliance tasks, and instead feel that they are simply checking the artificial (and meaningless) box imposed by hyperactive government regulation. Two top lawyers at the U.S. Department of Justice’s (DOJ) Antitrust Division – Bill Baer, … Continue Reading

‘Patent troll’ cannot “derail” FTC investigation

By Jay L. Levine and Allen Carter on Categories: Antitrust & Intellectual Property
Have to give them an “A” for effort. “Patent troll” MPHJ Technology Investments, LLC sued the FTC hoping to shut down its investigation into the company because the investigation violated MPHJ’s First Amendment rights to petition. A West Texas federal judge recently ruled that MPHJ could not “derail” the FTC investigation with such a claim. … Continue Reading

Mergers 101 – So you have a deal, now what?

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Mergers & Acquisitions
This podcast offers a brief introduction into the world of the Hart-Scott-Rodino Antitrust Improvement Act of 1976, more commonly referred to as the HSR Act. Two members of the Porter Wright Antitrust group, Jay Levine and Jetta Sandin, provide listeners with an overview of the history of the Act, the criteria that could make a … Continue Reading

Part Three: Section two of The Sherman Act – unilateral conduct (cont’d)

By Jay L. Levine on Categories: ABC's of Antitrust, Health Care
Rounding out our discussion on the Sherman Act, host Jay Levine discusses how businesses enter into contracts utilizing specific tactics to ensure they stay competitive and under what circumstances those tactics become problematic.  Learn how most favored nation and non-discrimination clauses, as well as market share discounts and exchanging non-price information can be used to … Continue Reading

Merging? Making an acquisition? Be careful out there

By Jay L. Levine and Porter Wright on Categories: ABC's of Antitrust, Mergers & Acquisitions
Editor’s note:  this post also appears on FedSecLaw.com Almost 40 years ago, Congress passed the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”).  The HSR Act provided a mechanism pursuant to which partied to an acquisition of assets or voting securities would be required, if certain thresholds were met, to file a notification form with … Continue Reading

Download our patent trolls e-book

By Jay L. Levine on Categories: Technology
Regardless of the size of your business or the industry you are in, antitrust laws should be on your radar. From technology to healthcare to manufacturing, competition is fierce. And the laws that regulate competition in nearly every industry seem to move with the same determination. Download Antitrust Law Source’s e-book from author, Jay Levine.… Continue Reading

Part One: Section two of The Sherman Act – Unilateral conduct

By Jay L. Levine on Categories: ABC's of Antitrust
In this podcast, Jay Levine continues his discussion of the Sherman Act, focusing now on unilateral conduct. Jay talks through some of the details specific to Section Two of the Act. What is monopolization, what is considered an attempt of monopolization and what types of conduct should your business avoid so you can stay aggressively competitive … Continue Reading

Keeping up with the dot-anythings

By Jay L. Levine on Categories: Technology
Over at our sister blog, Technology Law Source, we’ve been working hard to keep our readers apprised of developments related to The Internet Corporation for Assigned Names and Numbers’ (ICANN) new generic top-level domain (gTLD) program. This program, which is redefining the face of the Internet, is likely to impact any business — or, indeed, any entity … Continue Reading

Basics of antitrust

By Jay L. Levine on Categories: ABC's of Antitrust
In this podcast host Jay Levine of Porter Wright’s Washington D.C. office provides an overview of the antitrust laws. Jay covers the impact of what different types of conduct can have on a given market, both positively and negatively, as well as how to evaluate whether there are antitrust concerns.… Continue Reading

FTC strikes back against virtual Peeping Tom

By Jay L. Levine and Donna Ruscitti on Categories: Consumer Protection, Privacy & Data Security
Have you ever felt as if someone was watching you through your computer? In FTC strikes back against virtual Peeping Tom, members of Porter Wright’s Technology practice Jay Levine and Donna Ruscitti, cover the flat out creepy scenario involving Aaron’s, one of the country’s largest rent-to-own (RTO) stores, which was charged its franchisees were spying … Continue Reading

A merger for better healthcare…no problem, right? Wrong, says the FTC

By Jay L. Levine on Categories: Health Care, Mergers & Acquisitions
In today’s economy it’s likely you have heard about the federal government challenging hospital and health system mergers. Even when the parties claim the opportunity will create a lower cost/higher quality standard, the government still seems to win. Jay Levine covers the implications of the Idaho decision in FTC v. St. Luke’s Health System with … Continue Reading
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