Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (Mar 17, 2017)

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

ACQUISITIONS AND MERGERS NEWS: The Department of Justice Antitrust Division is continuing its efforts to block Anthem, Inc.’s proposed $54 billion acquisition of Cigna Corp. Last month, the federal district court in Washington, D.C. enjoined what would be the largest merger in the history of the health-insurance industry. There had been speculation in the media that the Justice Department, under the Trump Administration, might not continue its opposition to the deal; however, the government filed its brief with the U.S. Court of Appeals in Washington, D.C. on March 13, asking that the district court's judgment be affirmed. "The district court’s determination that the merger likely would lessen competition reflects an application of modern antitrust principles and rests on a firm evidentiary foundation," the Justice Department said.

ANTITRUST NEWS: New web pages launched yesterday on the FTC’s website will highlight the work of the agency’s new Economic Liberty Task Force. The task force addresses regulatory hurdles to job growth, including the proliferation of occupational licensing. According to the FTC announcement, the agency has a long history of advocacy to reduce or eliminate unnecessary occupational licensing requirements imposed by state law or rules, and the website highlights that work. The website also presents selected examples of state-based initiatives.

ANTITRUST NEWS: The European Commission (EC) has launched new anonymous whistleblower tool to make it easier for individuals to notify the EC of secret cartels and other antitrust violations. In announcing the tool on March 16, EC Competition Commissioner Margrethe Vestager said that the information gained through the effort "can contribute to the success of our investigations . . . to the benefit of consumers and the EU's economy as a whole." Because the system increases the likelihood of detection and prosecution, it stands to further deter businesses from entering or remaining in cartels or carrying out other types of illegal anticompetitive behavior, it was noted. The service is accessible via this link.

CONSUMER PROTECTION NEWS: The FTC has entered into a memorandum of understanding (MOU) with the Royal Canadian Mounted Police (RCMP) to "strengthen efforts to combat cross-border fraud and protect both U.S. and Canadian consumers," the FTC announced on March 15. The FTC has partnered with the RCMP—Canada’s national police force at the federal level—in the past. The MOU is intended to expand cooperation between the two agencies in enforcing each country’s respective consumer protection laws.

CONSUMER PROTECTION NEWS: The FTC has submitted a comment to the Nebraska Senate on proposed legislation that would reduce or eliminate licensure requirements for certain occupations in Nebraska. In the first staff comment issued since the formation of the FTC’s new Economic Liberty Task Force, the comment explained the competitive benefits of loosening unnecessary licensing requirements, and suggested a general framework for evaluating proposed changes to Nebraska’s licensing laws.

PRIVACY NEWS: Upromise, a membership reward service aimed at consumers trying to save for college, will pay a $500,000 civil penalty to settle allegations that it violated the terms of a FTC order requiring the company to make disclosures about its data collection and use and to obtain third-party assessments of its data collection toolbar, the FTC has announced. In an administrative proceeding, the Commission charged Upromise with violating the FTC Act in connection with its provision of a downloadable toolbar, named TurboSaver, to consumers. To settle the matter, Upromise agreed to an order which became final in May 2012. Following the 2012 order, Upromise encouraged consumers to download a toolbar called "RewardU." The FTC’s order required Upromise to make clear and prominent disclosures about RewardU’s data collection and use, and to obtain third-party assessments and certifications of the toolbar describing specific safeguards and their effectiveness in protecting consumers’ personal information. In a civil complaint filed on the FTC’s behalf by the Department of Justice, the Commission alleged that Upromise failed to comply with both provisions of the order. Under a stipulated order, Upromise must not violate the 2012 order and must pay a $500,000 civil penalty.

Companies: Anthem, Inc.; Cigna Corp.; Upromise, Inc.

News: AcquisitionsMergers Antitrust ConsumerProtection Privacy AntitrustDivisionNews FederalTradeCommissionNews