Willard Tom

Willard Tom

Morgan Lewis

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Latest Publications


FTC Spells Out Principles On When It Will Exercise Its Standalone Authority Under Section 5

The one-page statement, at the level of broad general principles, keeps with recent practice and does not signal any significant increase in enforcement under “unfair methods of competition” theories....more

8/14/2015 - Antitrust Violations Enforcement Actions FTC Section 5 Sherman Act Standalone Authority The Clayton Act Unfair Competition

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

7/1/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Pay-For-Delay Pharmaceutical Industry Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Supreme Court Rules for FTC in Hospital Merger Case

Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws. On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more

2/22/2013 - Acquisitions Anti-Competitive FTC FTC v. Phoebe Putney Health System Governmental Immunity Governmental Liability Hospital Mergers Monopolization SCOTUS State Action Doctrine

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