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Antitrust Litigation Anti-Competitive Class Action

Goodwin

Reliance on Third-Party “Pricing” Facilitators Under Increasing Antitrust Scrutiny

Goodwin on

In the past year, healthcare systems and providers across the country have filed a series of antitrust lawsuits against MultiPlan Inc. and major US health insurers, alleging a hub-and-spoke conspiracy to fix and reduce...more

Holland & Knight LLP

DOJ Introduces New Twist in Algorithmic Collusion Cases

Holland & Knight LLP on

It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more

Bradley Arant Boult Cummings LLP

Break(ing) Point: The Latest Antitrust Class Action Aimed at the NCAA

University of North Carolina women’s tennis standout Reese Brantmeier has filed a class action complaint in the U.S. District Court for the Middle District of North Carolina alleging that the NCAA imposed “arbitrary and...more

Bradley Arant Boult Cummings LLP

HP Facing Antitrust Class Action Alleging Unlawful Self-Preferencing

According to a putative class action filed in the Northern District of Illinois, computing giant Hewlett-Packard, Inc. (HP) illegally “require[es] consumers to use only HP-branded replacement ink cartridges, rather than...more

Goodwin

REMICADE Antitrust Settlement Receives Final Approval

Goodwin on

In 2017, three indirect-purchaser antitrust class actions were filed against Johnson & Johnson and Janssen Biotech, Inc., alleging that they engaged in anticompetitive conduct relating to the sale and marketing of J&J’s...more

Mintz - Intellectual Property Viewpoints

AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust...

In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s...more

Bass, Berry & Sims PLC

3 Things to Know About the $575 Million Settlement of the Landmark Antitrust Suit against Sutter Health

Additional settlement details were recently released in the antitrust case brought against Sacramento-based Sutter Health, one of the nation’s largest hospital systems. In October 2019, Sutter settled People of the State of...more

McDermott Will & Emery

California Attorney General Announces Historic $575 Million Settlement of Antitrust Suit Against Sutter Health

McDermott Will & Emery on

California Attorney General Xavier Becerra (AG Becerra) announced on Friday, December 20, 2019, the terms of a comprehensive settlement agreement reached with Sutter Health (Sutter), the largest hospital system in Northern...more

Troutman Pepper

Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

Troutman Pepper on

The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more

Jones Day

Jones Day Talks: Game Over? Alston and the Future of Pay-for-Play in College Sports

Jones Day on

In what has become known as the Alston or Jenkins case, a California district judge has issued a 104-page order in In re: NCAA Grant-in-Aid Cap Antitrust Litigation. The matter focused on NCAA rules that prohibit schools from...more

McDermott Will & Emery

Cartel Snapshot - February 2019

McDermott Will & Emery on

Q4 Update: Overview of Cartel Investigations - Although 2018 saw guilty pleas and new indictments in several ongoing Department of Justice (DOJ) investigations, the year finished by continuing a downward trend in antitrust...more

Patterson Belknap Webb & Tyler LLP

In re Asacol: First Circuit Sharply Limits Certification of Antitrust Classes Containing Uninjured Members

In a recent decision, the U.S. Court of Appeals for the First Circuit held that Rule 23’s “predominance” requirement barred certification of a class of all indirect purchasers of a prescription drug because the class included...more

Holland & Knight LLP

High Court Grants Certiorari in Vitamin C Antitrust Litigation

Holland & Knight LLP on

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

Carlton Fields

State Of Louisiana, As Absent Class Member, Escapes CAFA Settlement Trap

Carlton Fields on

The Third Circuit Court of Appeals affirmed a Pennsylvania district court decision holding the Eleventh Amendment to the United States Constitution prevented a private party from enjoining the state of Louisiana from bringing...more

Pierce Atwood LLP

Ascertainability & In Re Nexium – The Side-Effects Continue

Pierce Atwood LLP on

As various contributors to this blog have noted, a divided panel of the First Circuit adopted a “loose” approach to the ascertainability requirement in In re Nexium Antitrust Litigation. Specifically, while acknowledging...more

Holland & Knight LLP

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

Holland & Knight LLP on

The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

Baker Donelson

Pennsylvania Vision Insurer Accused of Anticompetitive Conduct

Baker Donelson on

A group of independent Pennsylvania optometrists and ophthalmologists recently filed a proposed class action antitrust case against vision insurer Davis Vision, alleging that Davis Vision's in-network contractual provisions...more

Patterson Belknap Webb & Tyler LLP

The UFC’s Biggest Bout Yet: Its Battle Against Its Fighters’ Antitrust Lawsuit

We have not previously reported on an antitrust litigation that is enveloping the mixed martial arts (“MMA”) world. Six current and former MMA fighters have filed a class action lawsuit against the company that owns the UFC,...more

Patterson Belknap Webb & Tyler LLP

Federal District Court finds brand-name manufacturer’s alleged regulatory delay tactics a valid theory of attempted monopolization

In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more

Mintz - Sports Entertainment Viewpoints

NCAA’s System of Amateurism

Former UCLA basketball star and NCAA champion Ed O’Bannon was the lead plaintiff in a 2009 class action lawsuit that was the first serious challenge to the lifeblood of the NCAA’s very existence: all of its players are unpaid...more

Carlton Fields

Third Circuit Applies Presumption of Timeliness to Pre-Certification Motion to Intervene as Class Representative

Carlton Fields on

This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more

Carlton Fields

Third Circuit Creates Framework for Analyzing Numerosity

Carlton Fields on

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements...more

Alston & Bird

Class Action Roundup: Spring 2016

Alston & Bird on

Welcome to the second 2016 edition of Class Action Roundup! The first quarter of the year witnessed a few key Supreme Court decisions, even with the passing of Justice Scalia, and several settlement cases decided. The issue...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Pierce Atwood LLP

Comcast and its Discontents

Pierce Atwood LLP on

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

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