Professor Raises Antitrust Issue In Vioxx Agreement

Law360, New York (January 31, 2008, 12:00 AM EST) -- A law professor has informally advised the U.S. Federal Trade Commission to examine a provision of Merck & Co.'s $4.85 billion Vioxx settlement that he says is an illegal group boycott.

The provision that any plaintiffs' attorney must cease to represent a client who refuses to join Merck's opt-in, private agreement is "a per se illegal group boycott," University of Virginia law professor George M. Cohen said.

Cohen pointed this out to the FTC in a Jan. 9 e-mail.

“Effectively, Merck and the negotiating plaintiffs' counsel...
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