Instapundit: America's IP Laws Need to be "Pruned Back"
In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more
1.1 What authorities can prosecute business crimes, and are there different enforcement authorities at the national and regional levels?
The Office of the Attorney General of Colombia, “AGO” (Fiscalía General de la...more
Despite vocal opposition from New York Attorney General Schneiderman’s office, New York Governor Cuomo signed legislation this week authorizing Nassau Health Care Corporation (“NuHealth”) – a public healthcare provider that...more
On August 7, 2013, the National Development and Reform Commission (“NDRC”) fined six powdered milk companies – five foreign and one Hong Kong-based – RMB668 million (approximately US$109 million) for engaging in...more
After judicial proceedings spanning three years, Johnson & Johnson Medical (China) Ltd. and Johnson & Johnson Medical (Shanghai) Ltd. (collectively, “J&J”) lost the antitrust action brought by Beijing Ruibang Yonghe Science...more
China’s Anti-Monopoly Law: No Longer Just Merger Control?
Until this year, China's enforcement activities in the field of antitrust, particularly as these have affected foreign companies, had been mainly focused on...more
On March 29, 2013, the Guangdong High People’s Court ruled that Tencent, Inc. (“Tencent”) did not violate China’s Anti-Monopoly Law (“AML”). In the first lawsuit of its kind, Beijing Qihoo Technology Co. Ltd. (“Qihoo”) sued...more
On March 25, 2013, the Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. No. 12-416. The question presented in the writ of certiorari concerned whether reverse payment agreements are per se...more
A Productivity Commission Inquiry into Compulsory Licensing of Patents has released a Report recommending that the overlap that exists with the Competition and Consumer Act be removed from the Patents Act and that the...more
Antitrust challenges to so-called “pay-for-delay” settlements in drug patent suits are allowed under the U.S. Supreme Court’s recent decision in Federal Trade Commission v. Actavis, Inc....more
On June 17, 2013, the United States Supreme Court announced a rule that blurs the lines between antitrust and patent law in the context of Hatch-Waxman litigation....more
The Supreme Court today decided FTC v. Actavis, Inc. and held, in a 5-3 decision authored by Justice Breyer, that so-called reverse-payment patent settlements are subject to full antitrust Rule of Reason analysis....more
Today, the U.S. Supreme Court held in Federal Trade Commission v. Actavis, Inc. that so-called “reverse payment” settlement agreements should be analyzed under a rule-of-reason analysis under which the court assesses any...more
The U.S. Supreme Court issued its much-anticipated opinion today in FTC v. Actavis, Inc., ruling that so-called “reverse payment” patent settlements between innovator and generic pharmaceutical manufacturers that are...more
In the previous three installments, we discussed how California law addresses contractual clauses that restrict post employment employee mobility and how the Department Of Justice (DOJ) sued and reached settlement with six...more
The North Carolina State Board of Dental Examiners (“Board”) failed to convince the United States Court of Appeals for the Fourth Circuit that the Board’s successful effort to “expel non-dentist providers from the North...more
The US District Court for the Southern District of New York recently held that alleged anticompetitive conduct by Chinese technology manufacturers taking place entirely within China did not create sufficient direct effects on...more
May 24 (Bloomberg Law) -- Under current intellectual property law, a consumer who unlocks his or her own cellphone can be convicted as a felon. Law professor and Instapundit founder Glenn Reynolds says such a scenario is...more
In an unexpectedly brief decision dated April 15, 2013, the Competition Tribunal dismissed the Commissioner of Competition’s application challenging certain practices of the Toronto Real Estate Board (TREB) under the abuse of...more
Par PharmaceuticalPar/Paddock, one of the generic drug company defendants in FTC v. Actavis Inc. et al. (the "reverse payment" ANDA settlement case now before the Supreme Court) filed its reponsive brief last week. In it,...more
Legitimate joint marketing and selling arrangements have the potential to produce efficiencies. This is particularly so, for example, where the arrangement enables the participants to make or market products that they could...more
Holding in Phoebe Putney case narrowly construes state-action exemption to antitrust laws.
On February 19, in Federal Trade Commission v. Phoebe Putney Health System, Inc., the U.S. Supreme Court unanimously reversed a...more
In one of the most closely watched healthcare antitrust cases in years, the Supreme Court issued its decision in the FTC merger challenge to a Georgia hospital merger, Phoebe Putney Health System’s acquisition of Palmyra...more
Created in 1994, the Common Market for Eastern and Southern Africa (the “COMESA”) is an organisation currently comprised of 19 African countries which aim at promoting regional integration in Eastern and Southern Africa (the...more
While the ripples from the United States Supreme Court’s 2011 decision in Wal-Mart v. Dukes are still being felt, the Court may make further class action waves this term with its pending decision in Comcast v. Behrend. This...more