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In July of this year, the European Commission imposed fines on French pharmaceutical company Servier and five generic drug makers, including Lupin Ltd., totaling €427.7 million. The fines were the result of a five-year...more
In an age when many of us briskly scroll through website terms and conditions and check, “I agree” without thinking, how should businesses design their websites to obtain proper authorization to access users’ sensitive...more
Traditionally, plaintiffs asserting claims under Sections 1 and 2 of the Sherman Act allege the existence of one or more product markets relevant to the defendants’ anticompetitive conduct and the defendants’ shares of those...more
In one of the first tests of the Supreme Court’s 2013 ruling in Federal Trade Commission v. Actavis, Inc. addressing the antitrust treatment of pharmaceutical patent settlements, a recent jury on Dec. 5, 2014, returned a...more
DG Competition of the European Commission just published its 5th patent monitoring report. It covers patent settlements entered into in 2013. Each year, the Commission claims that the report shows a “steady increase” of...more
After six weeks of trial and two days of deliberation, the jury has returned its verdict in favor of the defendants in In re: Nexium. This trial began as a challenge to the allegedly anticompetitive effects of the settlements...more
We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have reformulated or otherwise altered their products to prevent automatic generic substitution. Earlier...more
Med Device Online reports that Medtronic has been cleared by the Federal Trade Commission (“FTC”) and EU’s European Commission to merge with Covidien. Also according to Med Device Online, the companies had to agree that...more
That it is more difficult today to be a patentee able to defend her patent rights than any time since the 1940's is nicely illustrated by the Federal Circuit's decision in Par Pharmaceutical, Inc. v. TWI Pharmaceuticals,...more
Spain’s Competition Supervision Authority (CNMC), currently in charge of both competition and regulatory matters has ordered the main Mobile Network Operators (MNO) in Spain, namely Telefónica (Movistar), Vodafone and Orange,...more
On 27 November, the Italian Competition Authority dawn raided a major South African company for alleged excessive pricing of its oncology products in Italy. According to a complaint by one of the most active consumer...more
The recent IAPP Congress in Brussels provided a platform to bring out the “big guns” on privacy. Needless to say, the said “big guns” did not always agree with each other. Here is our “30,000 feet” view of their privacy...more
In a change of pace, the Federal Trade Commission (“FTC”) recently decided not to pursue an enforcement action against Verizon Communication, Inc. (“Verizon”) following an investigation into whether Verizon violated Section 5...more
Yet another post on LCN!
This is one of the most discussed topics in the media sector these days given the economic impact of the LCN regulations on media services operators....more
The Seventh Circuit Court of Appeals ruled that Motorola cannot recover overcharges to its non-U.S. subsidiaries that purchased price-fixed LCD panels abroad, even though finished cellphones incorporating those panels were...more
The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more
On October 20, 2014, the United States District Court in New Jersey granted a 12(b)(6) motion to dismiss in favor of Wyndham Worldwide Corporation’s directors and officers in a shareholder derivative action arising out of the...more
Last week, the Nexium district court ruled on defendants’ motions seeking judgment as a matter of law. As we previously reported in several earlier posts, In re: Nexium is the first pay-for-delay case to go to trial since...more
FTC Takes on a Patent Troll -
Tackling the issue of patent trolls for the first time, the Federal Trade Commission charged MPHJ Technology Investments, LLC and its law firm Farney Daniels with making deceptive claims...more
People concerned about privacy often ask, “Who can you trust?” And thus it’s worrisome when even a trusted intermediary — indeed, a privacy certification provider named for trust, TRUSTe — turns out to have a trustworthiness...more
The Antitrust Division is nearing the end of its largest, record-setting criminal cartel investigation – global auto parts suppliers. It has been a sprawling investigation that has leaped from product-to-product in the auto...more
On November 13, 2014, the Sixth Circuit Court of Appeals upheld the dismissal of price-fixing claims against two home brokerage service firms in Kentucky, McMahon Co. and HomeService of America, Inc. Hyland, et al. v....more
On November 17, 2014, the Federal Trade Commission (FTC) announced a settlement with True Ultimate Standards Everywhere (TRUSTe) resolving allegations that TRUSTe failed to conduct annual recertifications for its privacy seal...more
As we previously reported, the In re: Nexium trial is the first pay-for-delay trial in the wake of the Supreme Court’s Federal Trade Commission v. Actavis decision. But if the Nexium defendants have it their way, plaintiffs’...more
Plaintiff Files Third Amended Antitrust Claim Against Highmark -
A long running antitrust dispute in Western Pennsylvania continued on October 1, when a Pennsylvania hotel (Cole’s Wexford Hotel) filed a third amended...more
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