With the Democratic primary process in full swing, we thought it fitting to take a look at where the candidates stand with respect to antitrust issues. As it turns out, this is a fairly active election cycle for antitrust,...more
We wrote before about a decision by an Alabama federal district court to analyze claims in the Blue Cross Blue Shield multi-district litigation under a per se standard. ...more
A court’s decision regarding the proper standard of review in a Sherman Act Section 1 case—whether to analyze the defendant’s conduct as a per se antitrust violation or under the “rule of reason”—is highly significant. The...more
4/16/2018
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Best Efforts Clauses ,
Blue Cross ,
Blue Shield ,
License Agreements ,
Multidistrict Litigation ,
Per Se Rule ,
Rule-of-Reason Analysis ,
Sherman Act ,
Single Entity Rule ,
Standard of Review
In the past month, the DOJ and several state governments scored two trial wins in their challenges to mergers among some of the country’s largest health insurers. First, Judge Bates of the District of Columbia blocked the...more
It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more
11/10/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
AstraZeneca ,
Class Action ,
Exclusivity ,
Generic Drugs ,
Hatch-Waxman ,
Nexium ,
Patents ,
Reverse Payment Settlement Agreements ,
Summary Judgment ,
Teva Pharmaceuticals
New York Attorney General Eric Schneiderman is reportedly investigating the National Football League for antitrust violations in connection with its imposition of “price floors” on tickets for resale. In a 40-page report...more