California Lawyers Association Publishes Simpson Thacher Antitrust Article
05.07.18
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Litigation Partner Buzz Frahn and Litigation Associates Andy Hasty and Bram Schumer co-wrote an article published on the California Lawyers Association's website. The article, “Ninth Circuit Restores FTC’s Interpretation of the FTC Act’s Common Carrier Exemption,” discusses the Ninth Circuit’s en banc decision in FTC v. AT&T Mobility LLC, 883 F.3d 848 (9th Cir. 2018), which clarified that FTC jurisdiction reaches common carriers where they are engaged in non-common carrier activity. Concluding that “reaffirming FTC jurisdiction over activities that fall outside of common-carrier services avoids regulatory gaps and provides consistency and predictability in regulatory enforcement,” the Ninth Circuit held that the common carrier exemption in the FTC Act is activity-based, not status-based.
To read the article, please click here.