DOJ to Executives: We’re Watching You
We’ve previously written about how the Yates Memo announced an increased focus on individual accountability, and that the DOJ’s broader focus on individual accountability would likely encourage the...
View Article1st Circuit Joins 3rd Circuit: Non-Cash Reverse Payments Subject to Antitrust...
Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash...
View ArticleFTC Files Amicus Brief in First Circuit Seeking to Clarify Analysis in...
Direct and indirect purchasers of Nexium recently appealed District of Massachusetts Judge William Young’s denial of a request for a new trial in In re: Nexium to the First Circuit. As we previously...
View ArticleNew York District Court Allows Monopolization Claims Alleging Manipulation of...
Last week, Judge Victor Marrero of the U.S. District Court for the Southern District of New York partially granted Barclays PLC’s motion to dismiss antitrust and unfair enrichment claims brought...
View ArticleBad Basketball at High Prices? Timberwolves Season Ticket Holders Seek to...
Minnesota Timberwolves season ticket holders unhappy with the team’s 20-45 record and hoping to resell their tickets have filed a putative class-action lawsuit over the team’s “draconian” ticketing...
View ArticleMerrick Garland on Efficiencies
Judge Merrick Garland, if he is confirmed, may become one of the Supreme Court’s foremost authorities in antitrust law. He taught antitrust law at Harvard, and he has published on the subject, so it’s...
View ArticleOut of Luck: Second Circuit Dismisses Antitrust Suit Brought by Catskills...
On March 18, 2016, the Second Circuit Court of Appeals affirmed the dismissal of an antitrust lawsuit brought by the prospective developers of a racing track and casino in the Catskills region of New...
View ArticleThree Things to Watch after One Week of the Staples-Office Depot Merger Trial
On Monday, Staples and the Federal Trade Commission began presenting arguments in the D.C. District Court on whether the FTC should be entitled to a preliminary injunction to halt a potential merger...
View ArticleFTC Launches First-Ever Attack on “No-AG Commitment” Pay-for-Delay Settlements
Today the FTC filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania against Endo Pharmaceuticals for entering into “pay-for-delay” agreements with two different generic...
View ArticleDistrict Court Finds Uber CEO, by Driving for Uber, May be Liable for Driving...
It is plausible that Uber’s CEO, Travis Kalanick, may have violated antitrust law by fixing prices charged to Uber passengers, a judge in the United States District Court for the Southern District of...
View ArticleStaples Closes Defense, Calls No Witnesses in Merger Trial Brought by FTC
Yesterday, Staples closed its defense in the case brought by the Federal Trade Commission (FTC) to block the Staples-Office Depot merger—without calling any witnesses. (We covered the first week of...
View ArticleAntitrust Lessons from Oil Giants’ Proposed Merger
In perhaps an unsurprising move, last week the U.S. Department of Justice filed a civil antitrust lawsuit challenging the merger of Halliburton and Baker Hughes, the first and third largest oilfield...
View ArticleSoda bottler has bitter taste from alleged Pepsi price-fixing
A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to...
View ArticleHitachi Chemical to Plead Guilty to Price-Fixing
The Department of Justice (“DOJ”) announced this week that Hitachi Chemical Co. will plead guilty to a criminal charge for conspiring with competitors to fix the prices of electrolytic capacitors sold...
View ArticleTobacco Cases Expose Tension Between Antitrust and Public Health
A recent decision of the European Court of Justice (“ECJ”) regarding the sale of tobacco products highlights a long-standing tension between two sets of laws: antitrust/competition laws, which seek to...
View ArticleBREAKING: Third Circuit Dismisses Antitrust Suit Concerning Marketing of Lovenox
Earlier today, the Third Circuit Court of Appeals upheld the decision of the District of New Jersey trial court dismissing the antitrust claims lobbed against Sanofi-Aventis by its rival pharmaceutical...
View ArticleSanDisk defeats Walker Process Claim
The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016)....
View ArticleFour Takeaways from Staples-Office Depot Merger Block
After last month’s bench trial, Judge Emmet G. Sullivan has granted the FTC a preliminary injunction enjoining the merger between Staples and Office Depot. As a result, the companies have decided to...
View ArticleThe Penn State Hershey–Pinnacle Merger: A Turning Point in FTC’s Enforcement...
As we have reported previously, the Federal Trade Commission recently has taken an aggressive stance in regulating mergers in the healthcare sector. The Commission has racked up a string of victories,...
View Article2nd Circuit Speaks: LIBOR Plaintiffs May Pursue Claims
On May 23, 2016, the Second Circuit issued a long-awaited decision in the In re: LIBOR‐Based Financial Instruments Antitrust Litigation, vacating the District Court’s (Buchwald, J.) prior decision...
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