Antitrust Litigation Anti-Competitive

News & Analysis as of

Supreme Court’s Holding in Oneok v. Learjet Could Lead to New Risks for Market Participants

On April 21, 2015, the Supreme Court decided Oneok v. Learjet, holding that “Respondents’ state-law antitrust claims are not within the field of matters pre-empted by the Natural Gas Act” even though the claimed violations...more

Supreme Court Preserves States' Power to Protect Consumers But in the Process Blurs Federal Preemption Analysis

The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more

No Active State Supervision, No Antitrust Immunity for North Carolina State Dental Board

On February 25, 2015, in a 6-3 decision authored by Justice Kennedy, the Supreme Court upheld the Federal Trade Commission’s (FTC) decision finding that the North Carolina Board of Dental Examiners (Board), although a state...more

The Employees Strike Back: High Tech & Hollywood Caught Red Handed in Wage-Fixing Class Actions

When you think of a monopoly you probably think of Rich Uncle Pennybags or oil tycoon John D. Rockefeller, but maybe you should think of Princess Elsa from Frozen or the iPhone 6 instead. The largest Hollywood animation...more

Top Components of Effective Antitrust Corporate Compliance Programs, Part 2

Last week we posted a discussion concerning effective antitrust corporate compliance programs, and provided some factors that in-house counsel should consider in developing compliance programs governing employees’...more

Recruiting Practices of Big Tech Companies Result in Antitrust Violations

Since 2010, the U.S. Department of Justice's (DOJ) Antitrust Division has carried out a series of investigations into a number of high-tech companies accusing them of playing by their own rules and stifling competition with...more

Is 4-3 the New 3-2? FTC Continues to Target Pharmaceutical Mergers

The Federal Trade Commission (“FTC” or “Commission”) has often stated that merger analysis requires more than a simplistic determination that high market concentration leads to anticompetitive effects. Still, the antitrust...more

"DOJ Prevails in Challenge to Bazaarvoice Acquisition of PowerReviews"

On January 8, 2014, the Department of Justice (DOJ) prevailed in its challenge to Bazaarvoice’s consummated $168 million acquisition of PowerReviews. The United States District Court for the Northern District of California...more

Clearance: Proskauer's Quarterly Antitrust Update - Fall 2013

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

Chinese Court Rules in Favor of Plaintiff in the First Antitrust Civil Action on Vertical Anti-Competitive Agreements

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

Antitrust and Competition Newsletter - August 2013

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

Supreme Court Rules That Pay-For-Delay Settlements Subject To Antitrust Challenges

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

FTC v. Actavis: What Does It Mean for Reverse-Payment Settlements?

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

Reverse-Payment Patent Settlements Subject to Antitrust Analysis

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

Litigation Alert: Supreme Court Rules on “Reverse Payment” Settlements in Federal Trade Commission v. Actavis, Inc.

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

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