Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (Jun 3, 2015)

ANTITRUST NEWS: Today, for the first time, Canada's Competition Tribunal has issued an interim order partially granting a Competition Bureau request for an injunction in a contested merger case. On April 30, the Canada Competition Bureau challenged the proposed acquisition of certain Pioneer Petroleums assets by gasoline retailer Parkland Industries. It filed an application with the Tribunal for an order prohibiting the parties from proceeding with the transaction in 14 communities. The Competition Bureau today announced that the Competition Tribunal has issued an interim order partially granting the Competition Bureau’s request for an injunction in the Parkland/Pioneer merger.

CONSUMER PROTECTION NEWS: The operators of the “Jerk.com” website were not entitled to a stay of a final FTC order issued upon a finding that the so-called “the anti-social network” deceived consumers about the source of the content on the website in violation of the FTC Act. The Commission denied the respondents' request for a stay pending judicial review of the order. The respondents did not satisfy any of the four factors for seeking a stay under Commission Rule 3.56(c): (1) the likelihood of the applicant’s success on appeal; (2) whether the applicant will suffer irreparable harm absent a stay; (3) the degree of injury to other parties if a stay is granted; and (4) whether the stay is in the public interest (In re Matter of Jerk LLC, FTC Dkt. 9361).

PRIVACY NEWS: FTC Chief Administrative Law Judge D. Michael Chappell has denied LabMD, Inc.'s motion to dismiss a Commission action, alleging that the company failed to reasonably protect the security of consumers’ personal data. The respondent argued that Complaint Counsel engaged in “misconduct and indiscretions” in the investigation and prosecution of the case. In light of the underlying issues of fact, the arguments were left for resolution in the ALJ's initial decision (In re Matter of LabMD, Inc., FTC Dkt. 9357).

Companies: Jerk, LLC; LabMD, Inc.; Parkland Industries, Ltd.; Parkland Fuel Corp.; Pioneer Energy LP; Pioneer Petroleums Transport Inc.

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