Topic: Due process

Illumina ruling showcases tribunal’s power

The Federal Trade Commission may more readily litigate cases in its internal tribunal after a federal appellate court upheld the enforcer’s ruling against Illumina/Grail and affirmed its constitutionality, several competition experts have said.

19 December 2023

Amgen, Horizon accuse FTC of trying to dodge constitutionality challenge

The Federal Trade Commission is attempting to prevent an Illinois federal court from hearing arguments that its administrative proceedings violate the Constitution, Amgen and Horizon Therapeutics have said.

14 August 2023

FTC and Axon spar over next steps

Police gear manufacturer Axon has urged an Arizona federal court to reject the Federal Trade Commission’s bid to further hold-up its constitutional challenge by delaying briefing.

11 August 2023

Symrise appeals against EU fragrance cartel dawn raid

Symrise has challenged the European Commission’s search of its premises as part of a cross-border fragrance cartel probe, arguing the enforcer did not have “reasonable grounds” for suspecting the company infringed competition law.

04 July 2023

Illumina/Grail spearhead appeal by calling FTC unconstitutional

Illumina and Grail have challenged the Federal Trade Commission’s constitutionality as they seek to overturn its decision ordering their merger to be unwound.

07 June 2023

Cooling the CMA’s extraterritorial powers

The UK’s Competition Appeal Tribunal has put the brakes on the Competition and Markets Authority’s hopes of compelling information requests from companies with no territorial connection to the UK. White & Case partners James Killick and Marc Israel consider the options for companies now faced with information requests and ponder if the tribunal’s ruling will have any limiting effect on an increasingly proactive antitrust enforcer.

19 May 2023

Human rights court blesses use of wiretaps in Dutch cartel probe

The Dutch antitrust authority was entitled to use secret phone recordings as evidence against three companies penalised for operating a cartel in the ship waste collection market, the European Court of Human Rights has ruled.

18 May 2023

FTC wants constitutional challenge thrown out

Intercontinental Exchange and Black Knight’s challenge to the constitutionality of the Federal Trade Commission’s internal tribunal is irrelevant to the agency’s challenge in federal court, the latter has said.

18 May 2023

Concrete exec challenges per se rule for criminal conduct

A Minnesota-based concrete executive has said the Department of Justice failed to prove the bid-rigging allegations against him, while joining a recent string of individuals who claim such criminal charges violate their constitutional rights.

10 May 2023

DOJ defends constitutionality of criminal Sherman Act prosecutions

The Department of Justice has pushed back against a former engineering executive’s bid to overturn his bid-rigging conviction because the Sherman Act is unconstitutionally vague.

09 May 2023

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