This article describes the antitrust and competition standards across the globe that various jurisdictions apply to loyalty discounts and rebates…more
This article analyzes the US Supreme Court's recent antitrust decision in FTC v. Actavis, which held that that courts should apply the rule of reason in analyzing reverse-payment settlements.
This European Competition Law Journal article reviews "The Global Limits of Competition Law," edited by Ioannis Lianos and D. Daniel Sokol. It is the first book in the Stanford University Press Series, Global Competition Law and…more
In Federal Trade Commission v. Actavis, the Supreme Court held 5-3 that trial courts must apply the traditional "rule of reason" to determine whether reverse-payment settlement agreements between Pharmaceutical Brand companies…more
In a much-anticipated decision, the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment settlements of Hatch-Waxman Act litigation are neither immune from antitrust liability nor presumptively ulawful but rather must…more
Companies accused of antitrust wrongdoing must prepare for a multi-front battle in different courts in different places on different timelines. To survive, they must hire defense counsel with sufficient scale and agility to…more
New Federal Trade Commission Commissioner Joshua D. Wright explained at a recent ABA Antitrust Meeting that his top priorities were to develop a more transparent and evidence-based approach to FTC Section 5 enforcement and to…more
The road to class certification for an antitrust plaintiff just got bumpier. Over the past several years, the US Supreme Court has persistently chipped away at the path's once-smooth surface. The latest hazard for class-action…more
This Daily Journal article analyzes the United States Supreme Court decision of Federal Trade Commission v. Phoebe Putney Health System, Inc, which held that a state's grant of general corporate powers to government entities…more
The United States Supreme Court issued a decision limiting antitrust immunity for state-sanctioned conduct. The Court unanimiously overturned the Eleventh Circuit's ruling allowing Phoebe Putney Health System, Inc. to acquire…more
Federal Trade Commisssion v. Phoebe...
We argue that the U.S. Supreme Court should apply a market-participant exception to the state-action immunity doctrine. Commercial conduct by state and local government units should be subject to the same antitrust scutiny as…more
In a dramatic departure from the prevailing standard for analyzing the antitrust implications of reverse-payment settlements in Hatch-Waxman Act patent disputes, the Third Circuit has squarely rejected the…more
State and local government restraints, with a few exceptions, receive little attention from the antitrust laws because they are limited by the "state action immunity" doctrine. These public restraints take many forms, from…more
The FTC rejected the North Carolina Dental Board's invocation of state action immunity in response to an FTC lawsuit accusing it of excluding non-dentists from the market for teeth-whitening services…more
As federal antitrust law becomes less interventionist, state antitrust law is filling in some of the gaps. A recent California state predatory pricing decision illustrates this movement. Company counsel should therefore keep…more
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