Deirdre McEvoy

Deirdre McEvoy

Patterson Belknap Webb & Tyler LLP

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Third Circuit Grants FTC Injunction in Penn State Hershey-Pinnacle Merger, Overruling Lower Court

On September 27, the U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission a big win, overturning the Middle District of Pennsylvania’s denial of an injunction to block the proposed merger of Penn...more

10/11/2016 - Anti-Competitive Appeals Burden of Proof FTC Hospital Mergers Hypothetical Monopolist Test Popular Preliminary Injunctions Reversal Reversible Error

Second Circuit Issues Blockbuster Ruling in Amex, Holding Anti-Steering Rules Do Not Violate Antitrust Law

Last week the U.S. Court of Appeals for the Second Circuit issued a major win for American Express in a landmark decision in United States v. American Express Co. In that case the government filed an antitrust suit against...more

10/6/2016 - American Express Anti-Steering Rules Antitrust Violations Appeals Credit Cards Debit and Credit Card Transactions Merchants Popular Retail Market Rule-of-Reason Analysis Sherman Act

Comity Over Competition in Vitamin C Antitrust Litigation

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

DOJ Sues to Halt Deere’s Acquisition of Monsanto’s Precision Planting

The Department of Justice (“DOJ”) sued this week to stop Deere & Co.’s acquisition of Monsanto Co.’s Precision Planting, explaining that the deal would harm farmers. The companies make high-speed precision planting systems,...more

9/2/2016 - Acquisitions Anti-Competitive Antitrust Investigations Antitrust Violations Deere DOJ Farms Innovative Technology Mergers Monsanto

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

8/4/2016 - Choice-of-Law Costco Damages Electronics Indirect Purchasers Price-Fixing Retail Market Retailers State Antitrust Claims

First Opt-Out Class Action Underway In The United Kingdom

On June 21, 2016, the United Kingdom Competition Appeal Tribunal (the “Tribunal”) published notice of an application to commence collective proceedings under Section 47B of the UK’s competition act. If this action continues,...more

7/7/2016 - Class Action Class Representatives Competition Appeals Tribunal (CAT) Corporate Counsel Opt-Outs UK UK Consumer Rights Act

Procompetitive Effects of Business Associations in the Balance?: Business Association Membership and the Sufficiency of Sherman...

What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more

7/7/2016 - Antitrust Conspiracies ATMs MasterCard Price-Fixing Putative Class Actions SCOTUS Sherman Act Trade Associations Visa Inc

Expert Analysis Guides Decision to Certify Class of Automotive Part Purchasers

Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it...more

7/5/2016 - Antitrust Violations Auto Parts Bargaining Power Class Action Class Certification Commonality Corporate Counsel Damages Predominance Requirement Price-Fixing Restraint of Trade Sherman Act Typicality Young Lawyers

India’s Competition Authorities Investigate Monsanto

Monsanto’s Indian joint venture has come under fire anew for allegedly anti-competitive behavior. India’s Competition Commission opened investigations this week into allegations that Monsanto and its partner Mahyco...more

6/17/2016 - Abuse of Dominance Anti-Monopoly Antitrust Violations Competition Act Competition Authorities Farms Genetically Engineered Seed India IP License Monsanto Patent Royalties Suicide

Court Halts FTC’s Bid to Block Chicago-Area Hospital Merger

On June 14, 2016, in FTC v. Advocate Health Care et al., No. 15-cv-11473, the District Court for the Northern District of Illinois denied the Federal Trade Commission’s attempt to stop the merger of Advocate Health Care...more

6/16/2016 - Antitrust Provisions FTC Hospital Mergers The Clayton Act

Four Takeaways from Staples-Office Depot Merger Block

After last month’s bench trial, Judge Emmet G. Sullivan has granted the FTC a preliminary injunction enjoining the merger between Staples and Office Depot. As a result, the companies have decided to end their efforts to...more

5/12/2016 - Competition FTC Merger Agreements Office Depot Retailers Staples

SanDisk defeats Walker Process Claim

The District Court for the Northern District of California granted defendant SanDisk’s motion for summary judgment in Giuliano, et al v. SanDisk Corp., et al, 4:10-cv-02787 (N.D. Cal. April 29, 2016). The plaintiffs had...more

5/7/2016 - Antitrust Violations Clear and Convincing Evidence ITC Material Misstatements Patent Infringement Patents Sherman Act Summary Judgment Walker Process Claims

Breaking: Third Circuit Dismisses Antitrust Suit Concerning Marketing of Lovenox

Earlier today, the Third Circuit Court of Appeals upheld the decision of the District of New Jersey trial court dismissing the antitrust claims lobbed against Sanofi-Aventis by its rival pharmaceutical company Eisai. The...more

5/5/2016 - Anti-Competitive Antitrust Violations Hospitals Marketing Pharmaceutical Industry Prescription Drugs Rebates Sanofi-Aventis

Soda bottler has bitter taste from alleged Pepsi price-fixing

A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more

4/26/2016 - Anticompetitive Agreements Antitrust Conspiracies Antitrust Litigation FTC Monopolization PepsiCo Price Discrimination Price-Fixing Robinson-Patman Act Sherman Act

Antitrust Lessons from Oil Giants’ Proposed Merger

In perhaps an unsurprising move, last week the U.S. Department of Justice filed a civil antitrust lawsuit challenging the merger of Halliburton and Baker Hughes, the first and third largest oilfield services companies in the...more

4/18/2016 - Anti-Competitive Antitrust Litigation Antitrust Violations Baker Hughes DOJ Halliburton Merger Agreements Mergers Monopolization Oil & Gas

Staples Closes Defense, Calls No Witnesses in Merger Trial Brought by FTC

Yesterday, Staples closed its defense in the case brought by the Federal Trade Commission (FTC) to block the Staples-Office Depot merger—without calling any witnesses. (We covered the first week of the trial here.) Judge...more

4/7/2016 - Competition FTC Mergers Office Depot Staples

FTC Launches First-Ever Attack on “No-AG Commitment” Pay-for-Delay Settlements

Today the FTC filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania against Endo Pharmaceuticals for entering into “pay-for-delay” agreements with two different generic manufacturers that...more

4/1/2016 - Antitrust Litigation Endo Pharmaceuticals FTC Generic Drugs Pay-For-Delay Popular

Three Things to Watch after One Week of the Staples-Office Depot Merger Trial

On Monday, Staples and the Federal Trade Commission began presenting arguments in the D.C. District Court on whether the FTC should be entitled to a preliminary injunction to halt a potential merger between Staples and Office...more

3/29/2016 - Antitrust Litigation FTC Mergers Office Depot Popular Preliminary Injunctions Staples

Out of Luck: Second Circuit Dismisses Antitrust Suit Brought by Catskills “Racino” Developers on Market Definition Grounds

On March 18, 2016, the Second Circuit Court of Appeals affirmed the dismissal of an antitrust lawsuit brought by the prospective developers of a racing track and casino in the Catskills region of New York against their...more

3/24/2016 - Antitrust Litigation Casinos Dismissals Sherman Act

Schneiderman Seeks to Sack NFL’s Minimum Ticket Resale Prices

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

2/5/2016 - Antitrust Violations Event Tickets Football NFL Sports Ticket Pricing

SDNY Dismisses Silver Monopolization Lawsuit but Leaves Door Open for Future Antitrust Suits Concerning Manipulations in the...

On January 12, 2016, Judge Engelmayer of the Southern District of New York dismissed a lawsuit against JP Morgan which alleged the bank (and some of its subsidiaries) monopolized silver futures spread trading in late 2010 and...more

1/19/2016 - Anti-Competitive Commodity Futures Contracts Futures JPMorgan Chase Market Manipulation Market Power Monopolization Sherman Act

In re Capacitors Antitrust Class Action Update: Claims Slightly Narrowed, Parties Continue Discovery

When we last wrote in June 2015 about In re Capacitors Antitrust Litig., No. 14-03264-JD, consolidated putative class actions pending before Judge James Donato in the Northern District of California, the plaintiffs had just...more

1/18/2016 - Antitrust Litigation Cartwright Act Injury-in-Fact Price-Fixing Putative Class Actions Sherman Act Unfair Competition

Polar Air Cargo Settles Antitrust Claims for $100 Million

A settlement agreement last week in the long-running U.S. Cargo Antitrust Class Action brought the settlement fund in that case to over $1.1 billion. Polar Air Cargo, Polar Air Cargo Worldwide, and Atlas Air Worldwide...more

1/13/2016 - Air Cargo Antitrust Litigation Civil Conspiracy Class Action Price-Fixing Settlement Agreements

EU General Court Overturns EU Commission’s Decision to Fine Airlines €790 Million in Connection with Price-Fixing Cartel

On December 16, the General Court of the European Union, the second highest court in the EU, overturned the decision of the European Commission, the EU’s competition authority, to fine 11 airlines a total of €790 million...more

12/28/2015 - Air Cargo Airlines Cartels DOJ EU European Commission Price-Fixing

Second Bite at the Apple in AT&T Aftermarket Case?

On December 14, 2015 Judge Yvonne Gonzalez Rogers heard oral argument on a motion to dismiss filed by Apple in an antitrust action brought against the company in connection with its 2007 deal to sell iPhones exclusively to...more

12/28/2015 - Aftermarket Purchases Apple AT&T Mobility Failure To State A Claim iPhone Product Exclusivity Putative Class Actions

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