On Oct. 11, 2016, in PHH Corp. v. consumer financial protection bureau, 1 the U.S. Court of Appeals for the District of Columbia Circuit issued a sweeping ruling against the Consumer Financial Protection Bureau (CFPB), holding that the independent single-director model was constitutionally impermissible.
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However, regardless of whether PHH pursues an appeal, in unanimously reinstating the DC Circuit’s October 2016 ruling as to the RESPA issues, the decision has some important implications for the settlement services industry. The decision may provide support for other activities that rely on the Section
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Nation’s second-highest court upholds reversal of the CFPB’s enforcement ruling, but finds CFPB structure constitutional. Moving forward, if this holding survives a possible appeal in the U.S. Supreme Court by the White House or from PHH Corp., this decision will likely have major implications for government enforcement agencies and anyone that is targeted in an enforcement action.
While courts continue to grapple with the implications of the Supreme Court’s landmark decision in FTC v.Actavis, Inc.,  the potential for antitrust scrutiny in the pharmaceutical context is not confined to so-called “pay-for-delay” situations. As exemplified by the following three cases to watch for 2017, there are a wide variety of alleged activities that are drawing the antitrust.
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