Civil Procedure General Business Antitrust & Trade Regulation

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Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more

Federal District Court finds brand-name manufacturer’s alleged regulatory delay tactics a valid theory of attempted monopolization

In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more

The Economic-Loss Rule: Conflicting Signals

As we have discussed before, courts in North Carolina have not agreed on how the economic-loss rule applies, if at all, to claims under N.C. Gen. Stat. § 75-1.1. Two recent decisions by the North Carolina Court of...more

FTC Settles Data Breach Case with AshleyMadison for $1.6 Million

The Federal Trade Commission (“FTC”) settled with online dating website AshleyMadison.com for $1.6 million stemming from FTC and state actions brought against the company as a result of a July 2015 data breach that exposed...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

Second Circuit: International Comity Precludes Antitrust Liability of Chinese Manufacturers for Conduct Mandated by Chinese Law

On September 30, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in In re Vitamin C Antitrust Litigation, No. 13-4791-cv, reversing a $147 million judgment against Chinese vitamin C manufacturers on...more

Choice of Law in Unfair-Trade-Practices Cases

Can a contractual choice of law disable N.C. Gen. Stat. § 75-1.1? Yes, according to a recent decision from a federal court in New York. In Canon U.S.A., Inc. v. Cavin’s Business Solutions, Inc., a business filed a 75-1.1...more

Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the...more

Two reverse-payment appeals to watch

It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more

FTC/DOJ Release Proposed Update to International Enforcement Guidelines: 14 Important Questions

The two federal antitrust agencies, the Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (DOJ) jointly issued a proposed update to the Agencies’ 1995 Antitrust Guidelines for...more

Competition News October 2016

The General Court of the European Union validates the admission of illegally obtained telephone recordings to prove an anticompetitive agreement - In the Goldfish BV e.a. versus Commission case, the General Court of...more

New York Rejects Antitrust Defense To Breach Of Distribution Contract

Your client is sued for failure to pay on a contract and says it shouldn’t have to pay because the prices were fixed by a cartel or that it was strong-armed into paying for a “bundle” of services or distribution channels even...more

Gold and Silver price fixing suits may be expensive for banks

The Southern District of New York recently denied motions to dismiss filed by several banks that allegedly conspired to manipulate the price of gold and silver. Only defendant UBS was successful in convincing the court that...more

A Superficial Analysis of Competitive Foreclosure Won’t Play in Peoria

A federal trial court rejected a hospital’s antitrust claims that it was substantially foreclosed from the market by its rival’s exclusive contracts with payors. The court concluded that foreclosure in healthcare services...more

Practical Guidance for Framing an Unfair-Trade-Practices Claim

A recent decision from a North Carolina federal court underscores the importance of how a plaintiff frames an alleged violation of N.C. Gen. Stat. § 75-1.1. In Hongda Chemical USA, LLC v. Shangyu Sunfit Chemical Co.,...more

Big Summary Judgment Win for Hospital Defending $300M Exclusive Dealing Antitrust Suit

After fending off a motion for judgment on the pleadings in March 2015, a small hospital in Peoria, Illinois lost on summary judgment in its $300 million antitrust suit alleging illegal exclusive dealing and attempted...more

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative

This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more

WTO Appellate Body Report: India – Solar Cells

Decision: The WTO Appellate Body has affirmed that local content requirements maintained by India for solar cells and modules violate India's obligations under the General Agreement on Tariffs and Trade (GATT) 1994 and...more

General Court Confirms that the Commission May Rely on Lawfully Seized Recordings Even if Made Unlawfully by a Third Party

On 8 September 2016 the General Court (“GC”) dismissed Heiploeg’s appeal against the European Commission’s (“Commission”) decision in Shrimps (AT.39633) and confirmed that the Commission may rely on recordings seized lawfully...more

The Eighth Circuit Extinguishes Claims of Continuing Conduct in Propane Tank Conspiracy

Before plaintiffs could light the pilot on antitrust claims against two propane tank distributors, a split Eighth Circuit panel cut the gas. In doing so, the majority espoused a narrow view of the applicability of the...more

Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in Aerotec

In a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., No. 14-15562, 2016 WL 4709868 (9th Cir. Sept. 9, 2016), affirmed the summary...more

Antitrust-Related Recent Developments: Merger Agreement Efforts Subject of Litigation

In a recent action raising the issue of the nature of a merger party’s obligation to take steps necessary to clear antitrust regulatory hurdles “as promptly as reasonably practicable,” Alere, Inc. sued Abbott Laboratories in...more

A Sovereign Thumb on the Scale: Appeals Court Defers to China’s Interpretation of Its Own Laws To Dismiss Antitrust Suit

The Second Circuit recently set aside a $147 million verdict against two Chinese companies accused of conspiring to fix the price and supply of vitamin C sold to U.S. buyers. In re Vitamin C Antitrust Litigation. The panel...more

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

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