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The nomination of Columbia Law Professor Lina Khan to the
Federal Trade Commission last month raised speculation as to
whether there might be a new era of antitrust enforcement under the
Biden Administration. If confirmed, Ms. Khan would fill former FTC
Chairperson Joseph Simon s vacant seat, leaving one more
remaining vacancy for President Biden to fill after Democratic
Commissioner Rohit Chopra leaves to lead the Consumer Financial
Protection Bureau.
1 Biden s next appointment is
anticipated soon, and would mark the shift to a 3-2 Democratic
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Court unanimously invalidates the FTC s long-held
view that FTC Act Section 13(b) implicitly authorizes restitution
or disgorgement of unlawfully obtained profits.
The Supreme Court ruled unanimously in
AMG Capital
Management v. FTC that Federal Trade Commission Act
( FTCA ) Section 13(b) does not authorize the FTC to
obtain monetary remedies such as restitution or disgorgement. The
Court s decision is a significant setback for the FTC,
particularly in consumer protection matters, where Section 13(b)
monetary relief is among the FTC s primary tools. The ruling
also affects antitrust enforcement in the pharmaceutical industry,
In Olean Wholesale Grocery Co-op Inc. v. Bumble Bee Foods LLC, No. 19-56514 (9th Cir. Apr. 6, 2021), the Ninth Circuit clarified several class certification issues that have been heavily in dispute.
Total federal loan amounts disbursed; and
Total number of students who received federal loans. The bill
also specifies that institutions must meet three or more of the
following metrics to remain eligible to receive EASE grants:
A post-graduate employment or continuing education rate of at
least 77 percent as submitted in the report dated September 202055,
and at least 78 percent and 79 percent as submitted in each
subsequent annual report, respectively;
A graduation rate of at least 48 percent as submitted in the
report dated September 202056, and at least 49 and 50 percent as
submitted in each subsequent annual report, respectively;
An academic retention rate of at least 71 percent as submitted
On April 6, 2021, in
Olean Wholesale Grocery Coop. v. Bumble
Bee Foods LLC, the U.S. Court of Appeals for the Ninth Circuit
resolved several important class certification issues that had long
been unsettled in the circuit. The case involved antitrust claims
and thus is of particular interest to the antitrust bar and
companies facing antitrust class actions. But the rulings will
affect other class actions as well.
Olean Wholesale and other plaintiffs alleged that producers of
packaged tuna conspired to fix prices. The conspiracy s
existence was largely undisputed, as several defendants had pleaded
guilty to criminal conspiracy charges. As in most antitrust class