More than four years after the U.S. Supreme Court's landmark pay-for-delay ruling, litigation over the pharmaceutical patent settlements continues to steam ahead, but Federal Trade Commission Chairman Maureen Ohlhausen indicated the antitrust enforcer's crackdown might have at last turned the corner as the number of potentially problematic deals dropped. Here's a cheat sheet of major pay-for-delay suits to watch in 2018.
The U.S. Supreme Court denied an attempt by distributors of pre-filled propane tanks to shoot down antitrust price-fixing claims against them Monday, leaving intact an Eighth Circuit decision that revived direct purchasers’ claims against the companies.
The Financial Conduct Authority said Monday it has banned another former interest rate derivatives trader from working in the regulated financial sector and fined him £250,000 ($338,600) for what it called his "reckless” part in manipulation of the London Interbank Offered Rate.
A federal magistrate judge in California said Friday he’ll sanction Apple Inc. to the tune of $300,000 for missing a document production deadline in antitrust suits brought against Qualcomm Inc. by the Federal Trade Commission and a putative class of cellphone buyers, after saying in an earlier hearing he wanted to encourage other third parties in the litigation to meet deadlines.
Attorneys for the government and AT&T on Friday told a D.C. federal judge they remain on pace with a brisk schedule laid out last month for a suit over the government’s efforts to quash the telecom giant’s proposed $85 billion purchase of Time Warner.
Singapore’s competition enforcer became the latest to tackle alleged cartel activity in the electrolytic capacitor sector on Friday, fining four electronics companies a record SG$19.6 million ($14.7 million) for fixing prices and sharing information about the components.
A remote allergy service provider has agreed to drop antitrust claims against Phadia US Inc. and Thermo Fisher Scientific Inc. in a suit alleging Phadia partook in a conspiracy to restrict allergy testing, about two months before a scheduled trial, according to dismissal papers filed in Texas federal court on Friday.
Allowing qualified nurses to practice and prescribe medication on their own after working with a doctor for three years would likely benefit competition and anyone seeking health care in Pennsylvania, the Federal Trade Commission has told a state legislator.
More than 600 Marcellus Shale landowners asked a Pennsylvania federal court Thursday to reconsider its refusal to permit "class" arbitration in their gas royalties fight with Chesapeake Energy Corp. and others, arguing they want their individual claims arbitrated together, not as a class.
India’s competition authority said Friday that Bayer AG's planned $63.5 billion purchase of Monsanto Co. could raise competitive concerns in the country, making it the latest international antitrust enforcer to take issue with the deal.
A Texas door manufacturer on Thursday hit back at an attempt by a supplier of molded doorskins to escape allegations in Virginia federal court that it has manipulated supply of the crucial interior door component, saying there are factual disputes in the case that should be resolved through trial.
A North Carolina federal judge on Thursday signed off on a settlement under which the University of North Carolina School of Medicine agrees to a prohibition on no-hire arrangements, leaving only the Duke University School of Medicine to face antitrust allegations and damages claims from an instructor.
Florida attorneys facing an $11.4 million federal antitrust suit from a traffic ticket services startup that's also suing the state bar association moved Thursday to toss the allegations, which they say are simply trying to “legitimize” the startup’s allegedly illegal unlicensed practice of law.
A California federal judge added to case law on standard-essential patents late last month by holding that Ericsson did not offer to license its patents on reasonable terms, then becoming only the fourth U.S. judge to determine a royalty rate for essential patents. Here are four takeaways from the decision.
Pharmaceutical distribution organization Healthcare Distribution Alliance urged a Virginia federal judge Wednesday to toss an antitrust suit brought against it by drug-tracking software service startup TraceLink, arguing that the suit is nothing more than “farfetched theories” arising from HDA’s release of its own regulatory-compliance software.
A group of Democratic senators sent letters to the heads of the U.S. Department of Justice antitrust division and the Federal Communications Commission on Thursday urging them to closely scrutinize Sinclair Broadcast Group Inc.’s planned purchase of Tribune Media Co. following the recent repeal of regulations.
A Florida federal judge on Wednesday tossed a suit by an infectious disease doctor who accused three rivals of conspiring to fix their prices and push her out of a contract with the local medical center, saying she is not an “efficient enforcer” of the antitrust claims.
Apple asked a California federal court on Wednesday to nix a $25,000-per-day fine, arguing that the sanctions imposed by a magistrate judge last month for delays in producing documents in the antitrust litigation against Qualcomm were unduly harsh.
The European Commission on Thursday released new statistics that show 380 merger notifications last year, more than any previous year except 2007, the last full year before the financial crisis.
A California federal judge on Wednesday refused to reopen discovery in sprawling antitrust litigation over caps on student-athlete scholarships to compel the NCAA to turn over the results of a public opinion survey, a move the judge said would be “a slippery bobsled slope.”
Citigroup Inc.’s proposed $130 million settlement of a class action over its manipulation of the London Interbank Offered Rate has drawn an objection from the Virgin Islands Public Finance Authority, which seeks a better deal because it claims the damages are around $24 billion.
Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.
Last week, the Organization for Economic Cooperation and Development held a roundtable on extraterritorial remedies, including on global portfolio-wide remedies in antitrust patent licensing cases. Koren Wong-Ervin, director of IP and competition policy at Qualcomm Inc., reviews some of the public statements made by speakers at the off-the-record event.
The recent conviction of former HSBC foreign exchange executive Mark Johnson has shocked market participants and could lead to a reduction in liquidity for block trades in the foreign exchange and other over-the-counter markets, say members of The Brattle Group and AGN Advisory.
Federal Communications Commission Chairman Ajit Pai bills his recent net neutrality proposal as a “repeal” of the 2015 rules, but it really just imposes his own version of net neutrality through impenetrable and ultimately ineffectual disclosures that both harm providers and confuse users, says Doug Hass, general counsel at Lifeway Foods Inc.
Five competition-related authorities recently issued another “top-level design" for promoting implementation of China’s Fair Competition Review System, which should contribute to achieving the Chinese government's goals of regulating the activities of government agencies and maintaining fair competition in markets, say Shelley Zhang and David Goldstein of Orrick Herrington & Sutcliffe LLP.
In 2007, the VITA Standards Organization made history — and stirred up a lot of controversy — by adopting a patent policy that mandates “ex ante” royalty rate disclosures. I recently spoke to Ray Alderman, who conceived of and pushed the new policy through implementation, about the factors that have made the policy a success over the last 10 years, says Anne Layne-Farrar of Charles River Associates.
In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.
The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.
Given the potential of certain "anti-generics" strategies to stymie competition, antitrust scrutiny likely will only intensify. The ramifications for pharmaceutical companies, consumers, payors and sovereign entities could be significant as courts consider these burgeoning strategies, say Miriam Vishio and Nicholas Cheolas of Zelle LLP.
Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.