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Anti-Competitive Anticompetitive Agreements

Epstein Becker & Green

The Failing Firm Defense Is an Absolute Defense to an Otherwise Anticompetitive Merger

Epstein Becker & Green on

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized...more

Patterson Belknap Webb & Tyler LLP

Lupin Appeals Fine Imposed by European Commission in “Pay-For-Delay” Crackdown

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

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