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
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Strict liability applies to “deceptive conduct” under the catch-all provision of the Pennsylvania CPL
A divided Pennsylvania Supreme Court affirmed the Superior Court and held that the 1996 amended catch-all provision of the Pennsylvania Trade Practices and Consumer Protection Law (CPL) imposes strict liability. Writing for the 4-3 majority, Justice David Wecht, based upon a professed review of the plain language of the statute, concluded the General Assembly’s addition…
FTC revises HSR and interlocking directorate thresholds
On Feb. 5, 2021 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 March 4, 2021.…
Competitive Health Insurance Reform Act repeals McCarran-Ferguson exemption for health insurers
For nearly 75 years, the McCarran-Ferguson Act established a broad – although not unlimited – exemption from the application of federal law to “the business of insurance,” finding “the continued regulation and taxation by the several states [of that business] in the public interest.” As a result, McCarran-Ferguson exempted insurers from federal antitrust liability where…
Paycheck Protection Program loan necessity questionnaire
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…
Price gouging lawsuits… and the hits keep coming
As we adapt to the “new normal,” producers and suppliers at all levels of the distribution chain must continue to be cognizant of their pricing and the laws that seek to place a ceiling on those prices. Cases continue to be brought and legislation proposed.…
Healthcare post-COVID-19 may look radically different
The confluence of forces due to COVID-19 is likely to affect the healthcare industry in serious and unpredictable ways. And the antitrust laws, as well as how they are enforced, will play a big part in shaping (or re-shaping) the industry.
With the contracting economy making capital more difficult to obtain and politicians calling for…
What to expect in a post-COVID-19 world
Though at times a return to normalcy may seem far off, it makes sense to contemplate what the legal landscape will look like when the current COVID-19 crisis abates, and what we can do now to protect ourselves as best we can. That’s what we explore in our third and final installment on antitrust and…
Price gouging during COVID-19: The flip side of competition law
In our first installment and podcast, we discussed antitrust enforcement in the COVID-19 era. Now, we’d like to discuss price gouging, which in many ways is the polar opposite of antitrust law. Antitrust laws are based, at least partly, on the principle that fair and open competition allows resources to be allocated most efficiently.…
Antitrust law in a COVID-19 world: Do we care? Should we care?
Let’s face it, antitrust concerns probably do not top your list of legal concerns at this time. So, it is fair to ask whether companies should worry much about antitrust right now.
The short answer is, yes. The rules have not changed, and those who do not heed them now may pay dearly later. At…