Barbara Sicalides

Barbara Sicalides

Pepper Hamilton LLP

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A Cautionary Tale on Gun-Jumping: The Antitrust Division Expands its Use of Disgorgement in Enforcement of Civil Antitrust

The success of a merger or acquisition often largely depends on pre-closing planning and the rapid integration of the merged entities or acquired assets. In any transaction, the need for planning and speed create certain...more

11/12/2014 - Antitrust Litigation Antitrust Provisions Corporate Counsel Disgorgement Enforcement Enforcement Actions Hart-Scott-Rodino Act

DOJ, Antitrust Division Speaks Out On Non-Reportable Transactions

On April 25, Deputy Assistant Attorney General of Civil Enforcement Leslie Overton gave a speech focused entirely on the Antitrust Division’s enforcement activities related to transactions that do not trigger a filing under...more

4/30/2014 - Antitrust Investigations DOJ Enforcement Actions FTC Hart-Scott-Rodino Act

FTC Finalizes Amendments To HSR Rules Regarding Transfer Of Exclusive Patent Rights In The Pharmaceutical Industry

The Federal Trade Commission (FTC) has finalized certain amendments to the Hart-Scott-Rodino (HSR) premerger notification regulations clarifying the scope of reportable transactions involving transfers of patent rights in the...more

11/14/2013 - FTC Hart-Scott-Rodino Act Licenses Manufacturers Patents Pharmaceutical

Court Finds That Apple’s E-Book Market Entry Plan Violates The Sherman Act

After a three-week bench trial, the court has ruled that Apple violated Section 1 of the Sherman Act....more

8/6/2013 - Apple e-Books Price-Fixing Publishers Sherman Act Trials

Beware And Be Smart: California Remains A Danger Zone For Resale Price Restrictions

Most recently, the U.S. District Court of the Central District of California denied a retailer’s motion to dismiss vertical price fixing claims filed under the state’s Cartwright Act and Unfair Competition Law....more

8/6/2013 - Cartwright Act Motion to Dismiss Price-Fixing Resales Agreements Retail Market Unfair Competition Vertical Restraints

Class Arbitration Contractual Waivers Are Valid And Enforceable Even When Plaintiff’s Recovery Is Outweighed By Individual...

On June 20, 2013, the United States Supreme Court, in a 5-3 opinion in American Express Co. v. Italian Colors Restaurant, 2013 U.S. LEXIS 4700 (June 20, 2013), dealt yet another blow to antitrust plaintiffs’ ability to seek...more

6/24/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers SCOTUS

Class Actions: A Tougher Row To Hoe

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

Just How Much Integration Is Enough: FTC Advisory Opinion Finally Provides Guidance For Competitors Seeking To Collaborate Or...

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

Eaton Looks To U.S. Supreme Court For Help After Third Circuit Upholds

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

A Cure For Antitrust Standing?

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

Will FTC Chairman Leibowitz’s Departure Change The Enforcement Landscape?

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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