United States | Publication | January 2023
The Federal Trade Commission (FTC) recently opened a preliminary investigation of PepsiCo and Coca-Cola Co. for potential price discrimination by the companies in violation of the Robinson-Patman Act (the RPA). The investigation marks the first major step in the FTC's revival of the RPA, which the agency hasn't enforced in decades. The FTC began signaling in 2021 that reviving RPA enforcement was one of its top priorities. Now, with the FTC's renewed enforcement of the RPA underway, businesses should be mindful of RPA's prohibitions on pricing discrimination and should review their pricing and marketing strategies policies to ensure compliance.
Publication
The Government of Canada is creating a Federal Plastics Registry (the Registry) to help eliminate plastic waste by 2030. For more details on the Registry and its reporting requirements, check out our November 6 update.
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On November 8, the Supreme Court of Canada (SCC) unanimously decided that courts should apply the robust “reasonableness” standard of review when considering challenges to subordinate legislation.
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In two companion decisions, the Federal Court of Appeal has provided a sweeping review of the remedies for patent infringement in Canada and clarified the law concerning equitable relief (e.g., an infringer’s profits and injunctive relief).
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