In the four years since the U.S. Supreme Court's monumental decision in Federal Trade Commission v. Actavis, pay-for-delay lawsuits have been on the cutting edge of antitrust law, but attorneys who work in the area say there are signs that the litigation is waning as pharmaceutical companies turn away from reverse payment settlements and drug buyers mull over adverse rulings.
Qualcomm can't escape the Federal Trade Commission's antitrust suit accusing the chipmaker of using royalties and licensing agreements to maintain a market monopoly for chips used in cellular handsets, U.S. District Judge Lucy H. Koh ruled Monday, finding the enforcer has properly pled its claims.
Express Scripts Inc. urged a Missouri federal judge Monday to reject HM Compounding Services LLC’s request that it waive privilege for 6,500 documents in an antitrust suit alleging the pharmacy benefit manager pushed compounding pharmacies out of the market.
The European Union’s antitrust regulator on Tuesday imposed a record €2.4 billion ($2.7 billion) fine on Google over allegations that the tech giant violated the bloc’s antitrust laws by steering users toward its own comparison-shopping service in searches.
Minor league baseball players struck out Monday in the Ninth Circuit with claims that Major League Baseball unlawfully colludes to restrict their pay, yet plaintiffs’ attorneys plan to fight on, possibly setting the stage for U.S. Supreme Court review of the sport's nearly century-old antitrust exemption.
Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.
One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.
Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.
A group of travel agents and customers with long-running antitrust claims against American Airlines parent company AMR Corp. over its acquisition of US Airways asked a New York bankruptcy judge Friday to award them a pretrial judgment and unwind the airline tie-up based on U.S. Supreme Court precedent.
A California federal judge on Monday certified a class of doctors accusing Allergan Inc. of inflating the price of Botox by inking an agreement with a Korean competitor that prevented it from bringing a rival product into the U.S.
Canada’s retail and convenience store operator Alimentation Couche-Tard Inc. on Monday won approval from the Federal Trade Commission for its $4.4 billion plan to acquire CST Brands Inc. with an agreement to sell 70 stations in the U.S. to ease the agency’s antitrust concerns.
The focus for telecommunications so far this year has mostly been on the newly Republican-led Federal Communications Commission and not courtroom drama, but courts have also already made decisions related to net neutrality and the limits of FCC authority. Here are the top telecom cases so far in 2017.
The U.K.’s competition authority on Monday said that it won’t conduct an in-depth investigation of radiopharmaceuticals products maker IBA Molecular’s $690 million purchase of Irish drugmaker Mallinckrodt PLC’s nuclear imaging business, after finding the market too small under newly adopted rules.
The Ninth Circuit on Friday said it would not reconsider its May decision in an antitrust suit against Visa finding that once a suit has been removed to federal court, a proposed class can’t change it to sidestep the Class Action Fairness Act and send it back to state court.
London is leading the developed world when it comes to consumer adoption of financial technology services, a survey by Ernst & Young revealed on Monday, with the supportive regulatory environment cited as the central factor.
Cases are typically decided based on a relatively small number of key issues. It is critical not only to identify those key issues at the outset of the case, but to also plot a strategy for getting them resolved in your favor, says Matthew Berry of Susman Godfrey LLP.
The Ninth Circuit on Monday rejected a lawsuit by minor league baseball players alleging Major League Baseball colluded to fix minor leaguers’ wages, again upholding a nearly 100-year-old judicially created exemption for the business of baseball from antitrust scrutiny and handing the league a major win.
The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on whether it should hear an appeal of a September Second Circuit decision that wiped out a $147 million judgment in an antitrust class action accusing two Chinese companies of fixing prices on vitamin C.
The European Commission approved on Sunday plans by the Italian government to wind down two struggling banks which had been declared likely to fail after they repeatedly violated capital requirements.
On rehearing, a split en banc Eighth Circuit on Friday reversed a prior panel ruling and revived direct purchasers’ antitrust claims against distributors of pre-filled propane tanks, ruling that the purchasers properly alleged an ongoing antitrust violation that restarts the statute of limitations clock.
A Utah federal judge on Thursday found the government must prove a Utah company that tracks down lost and unknown heirs actually harmed competition with an alleged antitrust conspiracy to allocate customers within the industry.
In recent decades, as the rule of reason has been extended to analysis of vertical restraints in U.S. antitrust law, competition law regimes in other countries have likewise applied greater flexibility to the analysis of nonprice vertical restraints. However, none has gone so far as to adopt the U.S. Supreme Court's Leegin rule for resale price maintenance, say attorneys with Jones Day.
Given the relatively small presence of Whole Foods in the grocery industry, the idea that this deal gives Amazon an unfair advantage in either the physical or online grocery market appears overblown. Equally overblown appear to be concerns that the transaction will result in buyer power, says Lisl Dunlop, co-head of Manatt Phelps & Phillips LLP's antitrust and competition practice group.
It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.
Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.
Experienced practitioners swiftly recognized a practical barrier to implementing a national program of resale price maintenance agreements under Leegin’s more permissive approach — the antitrust laws of 50 states. The last decade has largely confirmed those initial reactions, say Michael Lindsay and Matthew Ralph, who lead Dorsey & Whitney LLP's antitrust practice.
The federal government’s unfolding enforcement priorities have galvanized state attorneys general into action. We expect this trend to continue, say attorneys with Akin Gump Strauss Hauer & Feld LLP.
Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.
The U.S. Supreme Court's 2007 Leegin decision aimed to loosen resale price maintenance restrictions on manufacturers, recognizing that such restrictions often come at the expense of competition at the manufacturer level. But much unpredictability and confusion have followed, say Melissa Maxman, Ronald Wick and Lara Kroop Delamarre of Cohen & Gresser LLP.
The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.
China's current judicial practices appear to indicate that standard-essential patent holders are in a favorable condition to commence relevant patent infringement litigation to protect legitimate rights and interests in China, say attorneys with Tian Yuan Law Firm.