In BritNed v ABB, the English Court of Appeal substantially reduced the UK's first award of damages in a so-called cartel damages claim brought for breach of European competition law. In so doing, the Court rejected calls for...more
11/11/2019
/ Antitrust Violations ,
Appeals ,
Breach of Competition Law ,
Burden of Proof ,
Calculation of Damages ,
Cartels ,
Compensatory Damages ,
Compound Interest ,
Damage Caps ,
Damages ,
Electricity ,
European Commission ,
Infringement ,
Lost Profits ,
Power Grid ,
Punitive Damages ,
Remittitur ,
Treaty on the Functioning of the European Union (TFEU) ,
UK
On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more
10/18/2019
/ Anti-Competitive ,
Antitrust Violations ,
Burden-Shifting ,
Civil Monetary Penalty ,
Damages ,
Erie Doctrine ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Judicial Review ,
Patent Litigation ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Rebuttable Presumptions ,
Retroactive Application ,
Reverse Payment Settlement Agreements ,
Rule-of-Reason Analysis ,
State Legislatures