Brian McCalmon

Brian McCalmon

K&L Gates LLP

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Latest Publications


The Apple Decision: Lessons Taken

On July 10, 2013, Judge Denise Cote of the United States District Court for the Southern District of New York ruled that Apple Inc. committed a per se illegal violation of Section 1 of the Sherman Act when it instigated and...more

7/24/2013 - Apple Conspiracies e-Books Fraud Price-Fixing Publishers Sherman Act

FTC Finalizes Rules on Withdrawing and Refiling HSRs

On Friday the Federal Trade Commission (“FTC”) codified its long-held policy of allowing the acquiring person in a transaction reported under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“HSR Act”) to...more

7/2/2013 - Acquisitions Antitrust Litigation FTC Hart-Scott-Rodino Act Mergers

Supreme Court Applies Rule of Reason in Antitrust Challenges to Reverse-Payment Patent Settlements

One of the most controversial antitrust issues for the pharmaceutical industry during the last decade has been the treatment of patent settlements in which a patent-holding branded manufacturer made payments to its generic...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Hatch-Waxman Patents Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS Settlement

Hart-Scott-Rodino Thresholds to Increase

Beginning February 11, 2013, transactions valued at more than $70.9 million may require a Premerger Notification and Report under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (“the HSR Act”). This...more

1/14/2013 - Acquisitions DOJ FTC Hart-Scott-Rodino Act Notice Requirements Threshhold Requirements

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