On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more
8/15/2024
/ Animal Health ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Competition ,
Generic Drugs ,
Manufacturers ,
Monopolization ,
Patents ,
Pharmaceutical Industry ,
Sherman Act ,
The Clayton Act
JetBlue Airways Corporation (“JetBlue”) is currently defending two antitrust lawsuits brought by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. In the first, which was filed in March, DOJ challenges...more
The Tenth Circuit recently became the first federal court of appeals to address an antitrust challenge to a relationship central to modern pharmaceutical drug markets: the price negotiations between drug companies and...more
Under the Biden Administration, the FTC and DOJ have voiced a commitment to an expansive enforcement of antitrust law. The recent confirmation of Judge Ketanji Brown Jackson to assume Justice Breyer’s position on the Supreme...more
Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more
Recently, Judge Goldberg in the Eastern District of Pennsylvania certified two classes of plaintiffs asserting antitrust claims based on alleged “product hopping” by the manufacturer of branded tablets treating opioid...more
The Third Circuit recently affirmed the grant of summary judgment to GlaxoSmithKline (“GSK”) in the nearly 10-year-old Wellbutrin XL Antitrust Litigation, which challenged the lawfulness of settlement agreements resolving...more
8/25/2017
/ Antitrust Litigation ,
Generic Drugs ,
GlaxoSmithKline ,
Hatch-Waxman ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Sham Litigation Exception ,
Sherman Act
What does to take to state a claim under Section 2 of the Sherman Act for refusal to deal? Last week’s decision in Viamedia, Inc. v. Comcast Corp. and Comcast Spotlight, LP, a case out of the Northern District of Illinois,...more
Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more
Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more
9/22/2016
/ Amicus Briefs ,
Anti-Competitive ,
Antitrust Litigation ,
Appeals ,
China ,
Comity ,
Dismissal With Prejudice ,
International Litigation ,
Jurisdiction ,
Jury Verdicts ,
MInistry of Commerce ,
Reversal ,
Vacated