Patterson Belknap Webb & Tyler LLP

DOJ and Michigan Sue Four Hospital Systems for Agreeing Not to Compete with Each Other

Together with the State of Michigan, the United States Department of Justice’s Antitrust Division has filed a civil suit against four Michigan hospital systems for allegedly agreeing to limit marketing in each other’s…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Health

Second Circuit Affirms Ruling Against Apple in E-book Price-Fixing Case

We have previously posted about United States v. Apple, Inc., a blockbuster trial that ended with Judge Denise Cote of the Southern District of New York concluding that Apple had conspired with five publishing companies to raise…more
| Antitrust & Trade Regulation, Civil Remedies, Commercial Law & Contracts, Science, Computers, & Technology

Overtime Expansion Unveiled: Proposed USDOL Rule Would More Than Double the Salary Threshold for Overtime Exemptions

Yesterday, the U.S. Department of Labor’s (“DOL”) Wage and Hour Division announced a proposed rule that would significantly increase the salary threshold to classify employees as exempt from the minimum wage and overtime…more
| Labor & Employment Law

First Round of Post-Teva Claim Construction Decisions: Business as Usual?

In its January 2015 decision, Teva Pharms. USA, Inc. v. Sandoz, Inc., the Supreme Court held that the ultimate construction of a patent claim term is a question of law, subject to de novo appellate review, but that the…more
| Civil Procedure, Intellectual Property

New UK Competition Watchdog Loses First Cartel Trial; Vows to Remain Vigilant

We previously noted that the UK’s new competition regulator, the Competition and Markets Authority, has indicated that cartel enforcement will be one of its top priorities, hoping to “open as many new criminal cartel…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Criminal Law

FTC Wins Injunction Against Sysco-U.S. Foods Merger; Administrative Trial Next

As we previously reported, the FTC sought a preliminary injunction to block a merger between Sysco and U.S. Foods pending the outcome of its administrative trial challenging the deal. Yesterday, Judge Amit Mehta of the federal…more
| Antitrust & Trade Regulation, Civil Remedies, Mergers & Acquisitions

EU Competition Commissioner Unveils Investigation into Amazon, Continuing Probe into the Tech Giants

On Thursday, the European Commissioner for Competition announced a formal investigation into whether Amazon, the largest distributor of e-books in Europe, has abused its dominance in the market for e-books. The investigation…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Communications & Media Law, Science, Computers, & Technology

Second Circuit Denies Stay of Injunction for American Express

Earlier today the U.S. Court of Appeals for the Second Circuit issued an order denying American Express’s motion for a stay of an injunction requiring AmEx to modify its rules prohibiting merchants from steering customers to…more
| Civil Procedure, Civil Remedies, Communications & Media Law, Finance & Banking, Consumer Protection

AlarMax’s Robinson-Patman Claims Against Honeywell Survive

AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week. Fire and security product distributor…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts

FDA Approach to Labeling Treats Biosimilars Like Generics

One of the FDA’s recent biosimilar guidance documents has drawn criticism for eliminating labeling information necessary for physicians to make prescribing decisions. The guidance document, titled, “Scientific Considerations in…more
| Communications & Media Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched circuit…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Criminal Law, International Law & Trade

Antitrust Regulators Seek “Superhero” Cooperation

The head of the Department of Justice’s criminal antitrust unit called Monday for greater international cooperation in limiting the cost for companies to cooperate with investigators. Deputy Assistant Attorney General Brent…more
| Antitrust & Trade Regulation, Criminal Law, International Law & Trade

Federal Circuit Oral Arguments in Amgen v. Sandoz

On June 3, the parties in Amgen v. Sandoz presented oral arguments to the Federal Circuit as part of their dispute over the Biologics Price Competition and Innovation Act (BPCIA). The appeal is focused on two questions: whether…more
| Administrative Law, Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

School Bus Company Owners Indicted for Bid-Rigging and Fraud in Puerto Rico

On May 20, 2015, a federal grand jury in San Juan, Puerto Rico indicted five individuals for bid rigging and fraud conspiracies in connection with an auction for public school bus transportation contracts. The auction was based…more
| Antitrust & Trade Regulation, Criminal Law, Government Contracting, Transportation

AU Optronics Files Petition for Certiorari with SCOTUS

AU Optronics Corp. (“AUO”) filed a petition for a writ of certiori in Hui Hsiung, et al. v. United States of America on March 16, 2015, seeking Supreme Court review of the Ninth Circuit’s 2014 decision that upheld the…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Criminal Law, International Law & Trade
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