Robert Lobue

Robert Lobue

Patterson Belknap Webb & Tyler LLP

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Court Finds Apple is a Distributor of iPhone Apps, Allows Antitrust Suit

In a significant Illinois Brick decision, the Ninth Circuit recently issued an opinion concluding that consumers who purchase apps from Apple’s “app store” directly purchase those apps from Apple, which acts as a distributor....more

1/25/2017 - Antitrust Injuries Antitrust Standing App Developers Apple Distributors Mobile Apps Monopolization Split of Authority Standing

FTC Sues Qualcomm for Using Anticompetitive Tactics to Maintain Chip Monopoly

Last week, the FTC filed a complaint against Qualcomm, a manufacturer of baseband processors, which are chips included in cell phones and other products with cellular connectivity that allow the devices to connect to cell...more

1/25/2017 - Anticompetitive Agreements Apple Cell Phones Enforcement Actions FRAND FTC IP License Patents Qualcomm Standard Essential Patents

Aetna and Humana Go to Battle With Regulators Over Multi-Billion Dollar Merger

The trial over Aetna and Humana's $37 billion proposed merger kicked off today in a Washington, D.C. federal court. At issue is whether the companies' merger would substantially lessen competition in the market for...more

12/6/2016 - Aetna Affordable Care Act Anthem Insurance Bench Trial CIGNA Competition DOJ Health Insurance Health Insurance Exchanges Humana Industry Consolidation Medicare Advantage Mergers

St. Louis Taxi Commission Not Immune From Uber’s Antitrust Suit

As we’ve written, Uber, the popular app-based car service, has been on the antitrust defensive, facing allegations that its algorithm for calculating prices restricts price competition. In Wallen v. St. Louis Metropolitan...more

10/14/2016 - Antitrust Provisions Mobile Apps Sharing Economy Surface Transportation Taxi Cabs Uber

Third Circuit says sunk discovery costs not a proper factor in class certification analysis

It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more

9/16/2016 - Antitrust Litigation Class Action Class Certification Generic Drugs Pharmaceutical Industry Putative Class Actions Reversal Reverse Payments Rule 23

Compounding Pharmacy’s Group Boycott Claim Survives Motion to Dismiss

On August 23, 2016, the District Court for the Eastern District of Missouri allowed claims by a compounding pharmacy to proceed, denying a motion to dismiss filed by the defendant pharmacy benefit manager (“PBM”). In...more

9/2/2016 - Antitrust Conspiracies Boycotts Circumstantial Evidence Drug Compounding Medical Benefits Motion to Dismiss Pharmacies Prescription Drug Coverage Prescription Drugs Twombly/Iqbal Pleading Standard

Health Insurance Merger Challenges: Of Antitrust and the Affordable Care Act

The Department of Justice and attorneys general from multiple states last week sued to halt two health insurance mergers, each worth billions of dollars. The challenged deals are Anthem’s planned merger with Cigna and...more

7/27/2016 - Aetna Affordable Care Act Antitrust Violations CIGNA DOJ FTC Health Insurance Mergers Popular

Four Takeaways from the FTC’s Healthcare Merger Losses

The Federal Trade Commission has made clear that it considers the regulation of competition in health care markets one of its top priorities, but in recent weeks the FTC has been dealt a string of tough losses in its...more

6/24/2016 - Affordable Care Act Antitrust Litigation FTC Health Care Providers Hospital Mergers

The Penn State Hershey–Pinnacle Merger: A Turning Point in FTC’s Enforcement Authority, or Just a Temporary Setback?

As we have reported previously, the Federal Trade Commission recently has taken an aggressive stance in regulating mergers in the healthcare sector. The Commission has racked up a string of victories, but last week the...more

5/18/2016 - Affordable Care Act FTC FTC Act Health Care Providers Hospital Mergers Merger Agreements Popular Preliminary Injunctions Section 5 Section 7 The Clayton Act

District Court Finds Uber CEO, by Driving for Uber, May be Liable for Driving Up Prices

It is plausible that Uber’s CEO, Travis Kalanick, may have violated antitrust law by fixing prices charged to Uber passengers, a judge in the United States District Court for the Southern District of New York concluded last...more

4/8/2016 - Antitrust Violations Class Action Corporate Counsel Price-Fixing Sherman Act Uber Young Lawyers

1st Circuit Joins 3rd Circuit: Non-Cash Reverse Payments Subject to Antitrust Scrutiny

Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more

3/1/2016 - Anti-Competitive Antitrust Litigation FTC v Actavis Generic Drugs Patent Infringement Pay-For-Delay Pharmaceutical Industry Pharmaceutical Patents Putative Class Actions Reverse Payment Settlement Agreements SCOTUS Warner Chilcott Watson Pharmaceuticals

DOJ to Executives: We’re Watching You

We’ve previously written about how the Yates Memo announced an increased focus on individual accountability, and that the DOJ’s broader focus on individual accountability would likely encourage the Antitrust Division to...more

2/24/2016 - Antitrust Violations Cartels Corporate Executives DOJ Individual Accountability Self-Reporting Yates Memorandum

MLB Settles, Leaving Unanswered Questions: Do Sports Leagues’ Regional Blackout Agreements Violate Antitrust Laws?

In the wake of Major League Baseball’s settlement of antitrust claims on the eve of trial, the central question from the lawsuit remains: are sports leagues’ exclusive broadcasting territories for live games an antitrust...more

1/28/2016 - Antitrust Violations Broadcasting MLB NFL NHL Sports Television Broadcast Stations Television Programming

EU Competition Commissioner Levels Charges Against Qualcomm

In yet another high-profile enforcement action, last week EU Competition Commissioner Margrethe Vestager announced charges against Qualcomm Inc., a world leader in 3G, 4G, and next-generation wireless technologies and the...more

12/21/2015 - Antitrust Investigations Competition Authorities Enforcement Actions EU Qualcomm Technology Sector

The “Cannibal Cop” and Protection of Computerized Data

In an unusual criminal case, the Second Circuit Court of Appeals recently weighed in on an important question at the intersection of employment law and data security. The decision will likely have implications wherever...more

12/10/2015 - Computer Fraud and Abuse Act (CFAA) Data Security Trade Secrets Unauthorized Access Web Scraping

FTC Asserts That Its Failure to Object to a “Reverse Payment” Settlement Should Not Be Interpreted as Approval

On November 17, 2015, the FTC submitted an amicus brief to the Third Circuit Court of Appeals in In re Effexor XR Antitrust Litigation, where the district court had dismissed the plaintiffs’ claims of antitrust violations...more

11/23/2015 - Antitrust Violations Dismissals FTC Pharmaceutical Patents Reverse Payment Settlement Agreements

Third Circuit Provides Clarity to “Inextricably Intertwined” Basis of Antitrust Injury in Partially Reinstating Claims Against...

On November 12, 2015, the Third Circuit Court of Appeals issued an opinion partially reversing the dismissal of the plaintiff’s claims in Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., finding that plaintiff Hanover...more

11/17/2015 - Antitrust Conspiracies Antitrust Injuries Building Permits Real Estate Companies Sherman Act Standing The Clayton Act

Jury Returns Verdict in Cable Box Antitrust Suit in Favor of Cox Subscribers

We reported earlier today that the jury began deliberations this past Monday in the antitrust class action lawsuit against Cox Communications brought by its premium services subscribers. ...more

10/30/2015 - Cable Television Providers Class Action Cox Communications Damages Illegal Tying Arranegements Jury Verdicts Sherman Act Tying

Cox Communications Tying Class Action Goes to the Jury

After a near two-week trial in the consumer class action lawsuit against Cox Communications, the jury began deliberations this past Monday to decide whether Cox’s alleged practice of tying premium cable services to rentals of...more

10/30/2015 - Anti-Competitive Cable Television Providers Class Action Cox Communications Jury Trial Sherman Act TiVo Tying

Apple Signals It Will Seek Supreme Court Reversal on E-Book Decision

Earlier this month, Apple signaled its intention to petition for writ of certiorari after the Second Circuit upheld Judge Cote’s decision to apply per se liability in analyzing the firm’s conduct with respect to e-books in...more

10/1/2015 - Antitrust Violations Appeals Apple Competition e-Books Horizontal Agreements Hub-and-Spoke Conspiracy Monopolization Publishers SCOTUS Vertical Restraints

The DOJ’s Airline Investigation: A Primer

Last month, the Associated Press was the first to report that the DOJ is investigating whether American Airlines, Delta Air Lines, Southwest Airlines, and United Airlines have engaged in collusion. Since that time, there has...more

8/21/2015 - Airlines American Airlines Collusion Delta Airlines Department of Transportation (DOT) DOJ Government Investigations Price-Fixing Southwest Airlines United Airlines

The Government’s Generic Price-Fixing Investigation Targets Allergan’s Actavis Unit

This is our fourth post on the DOJ’s expanding investigation into possible price fixing by generic drug manufacturers. (Click here, here, and here to read our prior posts.) Since our last update, the DOJ has subpoenaed...more

8/19/2015 - Antitrust Division DOJ Generic Drugs HHS Medicaid OIG Pharmaceutical Industry Price-Fixing Subpoenas

Authors and Booksellers to Justice Department: Investigate Amazon

We recently wrote about the Second Circuit’s June 30, 2015 decision affirming Judge Denise Cote’s decision that Apple conspired with five publishing companies to raise the price of e-books....more

8/7/2015 - Abuse of Dominance Amazon Antitrust Violations Apple Authors Books DOJ e-Books EU Market Power Publishers

Do Businesses Understand Competition Law?

This spring, the UK Competition and Markets Authority (the “CMA”) published a study on UK businesses’ awareness and understanding of competition law, understanding of anti-competitive behaviors, and penalties for any...more

8/6/2015 - Competition Product Pricing UK UK Competition and Markets Authority (CMA)

Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers

Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more

7/24/2015 - Antitrust Litigation Assignments Endo Pharmaceuticals Generic Drugs Indirect Purchasers Patents Pay-For-Delay Pharmaceutical Industry Settlement Agreements Standing The Clayton Act Wholesale

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