Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (Apr 1, 2016)

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community:

ANTITRUST—S.D. Ind.: The federal district court in Indianapolis has denied class certification in a suit by a former college student-athlete against the National Collegiate Athletic Association (NCAA) for allegedly unlawfully restraining trade among its member institutions for the labor of student-athletes. Certification of the class was inappropriate because the proposed class was not ascertainable. To meet the class definition, class members must prove that they were “recruited” by at least one NCAA Division I school and lost their scholarships for reasons other than those identified in the carve-out provision of the NCAA bylaws. However, the plaintiff presented no evidence to show how a student-athlete could be identified as having been “recruited” or fell outside of the “carved-out” provision. Thus, the definitions of “recruited” and “carved-out” for the proposed class were impermissibly vague and subjective (Rock v. National Collegiate Athletic Association, March 31, 2016, Pratt, T.).

ACQUISITIONS & MERGERS NEWS: The FTC has approved a modified final order, settling charges that Hikma Pharmaceuticals’ acquisition of the rights to various drug products and related assets from Ben Venue Laboratories, Inc. was anticompetitive. Under the terms of the settlement, Hikma is required to divest assets related to five generic injectable drugs to Amphastar Pharmaceuticals, Inc., a California-based specialty pharmaceutical company that sells generic injectable and inhalation products.

ACQUISITIONS & MERGERS NEWS: The European Commission (EC) has approved under the European Union (EU) merger regulation the proposed acquisition of Xchanging plc of the United Kingdom by Computer Sciences Corporation of the United States. Xchanging provides business processing, technology, and procurement services internationally for customers in the accounting and procurement, financial services, and insurance sectors. Computer Sciences Corporation provides IT services across a range of industries covering chemicals, energy and natural resources, financial services, health care, agriculture and manufacturing, public sector services, and technology to customers in the private and public sectors. The Commission concluded that the proposed acquisition would raise no competition concerns, in particular because of the limited overlaps between the companies’ activities resulting from the transaction.

CONSUMER PROTECTION NEWS: The FTC is seeking public comment on the efficiency, costs, benefits, and impact of the R-value Rule, as part of its systematic review of all current FTC rules and guides. Issued in 1979, the Trade Regulation Rule Concerning the Labeling and Advertising of Home Insulation (R-value) Rule requires home insulation manufacturers, professional installers, new home sellers, and retailers to provide R-value information, based on the results of standard tests, to help inform consumers. The R-value rates a product’s ability to restrict heat flow and thus reduce energy costs. The higher the R-value, the greater the insulating power. Instructions for filing comments appear in the Federal Register Notice. Comments must be received by June 6.

Attorneys: Daniel J. Kurowski (Hagens Berman Sobol Shapiro LLP) for John Rock. Gregory L. Curtner (Schiff Hardin, LLP) for National Collegiate Athletic Association.

Companies: National Collegiate Athletic Association; Hikma Pharmaceuticals PLC; Ben Venue Laboratories, Inc.; Xchanging plc; Computer Sciences Corporation

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