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DOJ and FTC File Statement of Interest in Hotel Room Algorithmic Pricing Case

On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more

Federal Suit by Ohio Physicians Challenging Noncompete Agreements Dismissed for Lack of Antitrust Standing

On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the...more

Seventh Circuit Rescues McDonald’s Workers’ Challenge to No-Poach Clause

The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to...more

DOJ Loses Again on Challenge to U.S. Sugar-Imperial Sugar Deal

On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation (“U.S. Sugar”), rejecting the Department...more

Two Recent DOJ Labor-Market Prosecutions End in Acquittals

Two labor-market criminal antitrust trials recently ended in acquittals, further demonstrating the challenges the United States has faced in this area (See our previous coverage of this prosecution trend, reported on: Feb....more

FTC Commissioner Endorses Exempting Organizing Gig Workers From Antitrust Liability

Commissioner Alvaro M. Bedoya of the Federal Trade Commission recently addressed a key tension brewing in the consumer protection and antitrust spaces since the rise of the app-based gig economy: whether gig workers...more

Ohio Attorney General Takes Aim at Pharmaceutical Benefit Managers

In a recent lawsuit, the State of Ohio has accused certain pharmaceutical benefit managers, or “PBMs,” of violating state antitrust laws. According to the complaint, the PBMs have leveraged their market dominance to enrich...more

Court Denies Direct Purchasers’ Second Attempt at Class Certification in In re Lamictal

In a recently unsealed opinion, a court in the District of New Jersey has declined to certify a direct-purchaser class in In re Lamictal ("Lamictal") on numerosity grounds. It joins the growing number of courts in recent...more

The DOJ Defeats Another Motion to Dismiss a No-Poach Criminal Indictment and Closes Out Another No-Poach and Wage-Fixing Case With...

Two of the Department of Justice’s labor-market criminal antitrust prosecutions have seen interesting recent developments. (See our previous coverage of this prosecution trend, reported on: Feb. 9th; May 2nd; Sept. 22nd; and...more

The DOJ Finally Secures Its First No-Poach and Wage-Fixing Conviction

Last month, the DOJ finally secured its first criminal conviction for a labor-market antitrust offense.  (Check here for our previous coverage of this prosecution trend.)  VDA OC LLC (“VDA”), a healthcare staffing company,...more

An Unexpected Dispute Delays the DOJ’s First No-Poach Conviction and Other Recent Developments in its Labor-Market Antitrust...

The DOJ’s efforts to prosecute alleged wage-fixing and employee non-solicitation agreements have continued to develop over the last few months. Most notably, the DOJ nearly secured its first criminal conviction on a no-poach...more

Illinois District Court Rules that Sherman Act Suit Against Top Universities Will Proceed

Recently Judge Matthew F. Kennelly of the Northern District of Illinois denied the motions to dismiss filed by 17 top private universities in a class action lawsuit accusing the universities of conspiring to fix prices by...more

Tenth Circuit Upholds Pharmaceutical Company’s Exclusive Rebate Agreements in In re EpiPen

The Tenth Circuit recently became the first federal court of appeals to address an antitrust challenge to a relationship central to modern pharmaceutical drug markets:  the price negotiations between drug companies and...more

GlaxoSmithKline Faces Antitrust Suit Over Alleged Inhaler “Hop”

Missouri resident Elliot Conrad Dale recently filed an antitrust lawsuit against GlaxoSmithKline (“GSK”), claiming GSK employed a “device hopping” scheme to ensure uninterrupted patent and regulatory protection for its...more

Acquittals in the First Two Wage-Fixing and No-Poach Criminal Trials

Last month, the first two trials arising from the DOJ’s recent push to criminally prosecute wage-fixing and employee non-solicitation agreements both ended in acquittals on the antitrust charges. In United States v. Jindal,...more

Justice Breyer’s Antitrust Legacy

Under the Biden Administration, the FTC and DOJ have voiced a commitment to an expansive enforcement of antitrust law.  The recent confirmation of Judge Ketanji Brown Jackson to assume Justice Breyer’s position on the Supreme...more

DOJ’s First Wins In Criminal Antitrust Prosecutions Of Wage-Fixing and No-Poach Agreements

Two weeks ago, the District of Colorado denied defendants’ motion to dismiss in a criminal case targeting agreements between competitors not to solicit (or “poach”) each other’s employees.  United States v. DaVita Inc. et...more

Fourth Circuit Affirms Local Government Antitrust Immunity for Atrium Health

The Fourth Circuit ruled last month that the Charlotte-Mecklenburg Hospital Authority, which does business as Atrium Health, is immune from antitrust damages as a “special function governmental unit” under the Local...more

Fifth Circuit Impax Decision Validates FTC’s Post-Actavis Approach to Reverse Payments

On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case...more

The FTC Sues Endo and Impax Over Opana ER Agreement . . . Again

Stop me if you’ve heard this one before: the FTC is suing pharmaceutical manufacturers Endo and Impax over an alleged “reverse payment” agreement to reduce competition in the market for Opana ER, an oxymorphone extended...more

Major Development in BCBS Association Antitrust Litigation

Antitrust litigation has been ongoing for several years in the U.S. District Court for the Northern District of Alabama against one of the biggest business associations in America, the Blue Cross Blue Shield Association...more

Impax Oral Argument at Fifth Circuit Reveals Thorny Issues and Uncertain Outcome

On June 9, the United States Court of Appeals for the Fifth Circuit heard oral argument in Impax Laboratories, Inc., Etc. v. Federal Trade Commission. The appeal by pharmaceutical manufacturer Impax marks the first time a...more

The New Brandeis School Manifesto

As this blog has previously reported, new strains of thought about antitrust law are blossoming in the United States. The “New Brandeisians” challenge the Chicago School “consumer welfare” standard that has dominated...more

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 2]

Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 1]

2019 witnessed a number of developments in challenges to reverse-payment settlements. In its first decision on a pay-for-delay settlement since the Supreme Court’s seminal 2013 decision in FTC v. Actavis, the FTC took an...more

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