On March 27, the United States Supreme Court, in a 5-4 opinion, further heightened plaintiffs’ burden in seeking class certification. The Court held that, under Rule 23, plaintiffs must “‘tie each theory of antitrust impact’...more
3/29/2013 - Cable Television Providers Class Action Class Certification Comcast Comcast v. Behrend SCOTUS
The Federal Trade Commission (FTC) recently issued its first advisory opinion addressing clinical integration programs since the enactment of the Affordable Care Act (ACA). Without a doubt the advisory opinion is useful for...more
3/7/2013 - Affordable Care Act Blue Cross Blue Shield Clinical Integration Competition FTC Hospitals Insurers Norman PHO Physicians
On February 25, 2013, Eaton Corporation (Eaton) filed a petition for certiorari to the United States Supreme Court seeking to reverse a jury verdict finding Eaton liable for illegal monopolization. In late 1999/early 2000,...more
3/7/2013 - Jury Verdicts Monopolization SCOTUS Sherman Act Supply Agreements The Clayton Act
Recently, the Third Circuit reexamined the test for antitrust standing in Ethypharm S. A. France v. Abbott Laboratories. The importance of the opinion, however, lies not just in the court’s affirmation of the multifactor test...more
3/7/2013 - Antitrust Litigation FDA Patents Pharmaceutical Pharmaceutical Patents Standing
After three years at the helm of the Federal Trade Commission (FTC), Chairman Jon Leibowitz stepped down. Without a doubt Chairman Leibowitz has been a visible and relentless advocate for restricting pay-for-day or reverse...more
3/7/2013 - Edith Ramirez FRAND FTC Generic Drugs Google Jon Leibowitz Pharmaceutical Patents Reverse Payment Settlement Agreements Watson Pharmaceuticals
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