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DOJ’s Rescission of Longstanding Guidance Creates Uncertainty for Market Benchmarking Activities

The US Department of Justice (DOJ) Antitrust Division is withdrawing three enforcement policy statements that provided important guidance on the exchange of competitively sensitive information through third parties. The...more

State Attorneys General Post-Election Report 2022

STATE ATTORNEYS GENERAL POST-ELECTION REPORT 2022 State attorneys general continue to dominate the national legal and political landscape, with a partisan fervor that sometimes obscures the ongoing investigations and...more

US Supreme Court: FTC Cannot Seek Equitable Monetary Relief in Section 13(b) Cases

In a unanimous 9-0 decision authored by Justice Breyer, the US Supreme Court has held that the Federal Trade Commission (FTC) lacks the authority to seek equitable monetary relief in cases brought in federal court under FTC...more

US Supreme Court to Review FTC’s Right to Seek Equitable Monetary Relief

For decades, the Federal Trade Commission has invoked Section 13(b) of the Federal Trade Commission Act to file suit in federal court in pursuit of both injunctive relief and equitable monetary relief....more

Pharma Review - Issue 3

Welcome to the third issue of the Morgan Lewis Pharma Review, which summarizes key recent cases from the Federal Circuit and district courts that impact the pharma space, including Federal Circuit and district court decisions...more

Seventh Circuit: FTC Cannot Seek Restitution in Federal Court Actions Under FTC Act’s Section 13(b)

The US Court of Appeals for the Seventh Circuit has held that the Federal Trade Commission (FTC) cannot seek monetary relief in actions brought in federal court under Section 13(b) of the Federal Trade Commission Act (FTC...more

Supreme Court Issues Closely Watched Article III Standing Decision

The Court holds that allegation of a statutory violation is not solely sufficient to satisfy the “concrete harm” requirement for purposes of Article III standing in federal court....more

US Supreme Court Hands Down Long-Awaited Decision in Campbell-Ewald v. Gomez

Court holds that offers of full relief, without more, do not moot claims brought by named plaintiffs in putative class actions in federal court. On January 20, the US Supreme Court issued its long-awaited decision in...more

FTC v. Actavis, Inc. Q&A: Implications for Pharmaceutical Companies

On June 17, 2013, in FTC v. Actavis, Inc., the U.S. Supreme Court ruled that plaintiffs may bring antitrust suits against so-called “reverse payment” or “pay-for-delay” settlements, under which pioneer and generic...more

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