Antitrust Provisions

News & Analysis as of

Anthem-Cigna Mega Merger Likely Problematic for Providers

Anthem announced on July 24, 2015 that it would purchase Cigna, just three weeks after Aetna agreed to buy Human for $37 billion. The deal is valued at $54.2 billion, and would create the United States’ largest health insurer...more

Huawei v ZTE - CJEU Landmark Decision Provides New Ground Rules for Asserting Standard-Essential Patents in Europe

In a landmark decision issued on July 16, 2015, the Court of Justice of the European Union (CJEU) provided new guidelines on how patent infringement courts in Europe should deal with patent proprietors seeking injunctions or...more

Corporate antitrust compliance systems – changes initiated by FAS Russia

On July 8, 2015, the Presidium of the Federal Antimonopoly Service of Russia (FAS Russia) provisionally approved the idea of changes to the RF Law on Protection of Competition that would introduce the concept of a “system of...more

The European Commission's Digital Single Market Strategy and its impact on your business

The Strategy contains several key actions under three pillars and the Commission will set out to make a number of relevant legislative proposals in this regard. As a first step to implement the Strategy, also on 6 May 2015,...more

Buy One Get One (Discounted) Only Violates The Sherman Act If The Discount For The “Tied” Product Is Below Cost

In a recent opinion, Collins Inkjet Corp. v. Eastman Kodak Co., the Sixth Circuit held that differential pricing in a tying arrangement (i.e., “I will charge you less for printer replacement parts, but only if you buy all of...more

Antitrust Liability And Subsidiary Companies

In Tesco Stores Ltd & ors v Mastercard Inc & ors [2015] EWHC 1145, 24 April 2015, Mastercard was unsuccessful in attempting to strike out the claimants' antitrust claim in relation to the setting of multilateral interchange...more

Brussels Regulatory Brief: June

This is the first in a series of monthly EU regulatory briefs - summarising key regulatory developments across a number of sectors in the EU. Antitrust and Competition - The European Commission launches an...more

Appellate Court Weighs In on Pharmaceutical “Product Hopping” - People of the State of New York v. Actavis PLC

As the first court of appeals to address the issue of product hopping, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s grant of a preliminary injunction, finding that product hopping is...more

“Ain’t Wastin’ Time No More”* — Doctors, Vets, and Lawyers in the Antitrust Crosshairs

Supreme Court Decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission Prompts Legal Challenges to State Professional Boards - Earlier this month a Texas federal district court judge granted a...more

European Competition Law Newsletter – July 2015

On 24 June 2015, the UK Competition and Markets Authority (CMA) was defeated in its first attempt at convincing a jury to convict individuals for the UK criminal “cartel offence”. The jury was not persuaded that the two...more

“And the Plaintiffs Don’t Have to Sue My Competitors Because? . . . .”

One of the pet peeves of antitrust defendants is that the joint-and-several liability rule often means that plaintiffs can pick and choose which defendants to sue. (Plaintiffs will say – that’s a design feature of the...more

Shareholders Approve Office Depot Acquisition, But Will FTC?

Whenever a merger of major companies is proposed, a lot has to happen before the vision becomes reality. Not only must the companies engage in talks both internally and with one another about the possibility of a merger or...more

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

Antitrust Law Issues for Health Care Providers [Video]

During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers. Key topics included: • Trends in health care competition after the ACA, with a focus...more

U.S. Supreme Court Preserves 50-Year-Old Rule Barring Post-Patent Royalties

On Monday, June 22, 2015, the U.S. Supreme Court issued a 6-3 decision in Kimble v. Marvel Entertainment, declining to reverse longstanding, yet controversial, precedent holding post-patent term royalties to be unlawful per...more

Philippine Competition Act: first foray into antitrust legislation – key points

The Philippine Congress has passed, and President Benigno Aquino III is expected to sign into law, the Philippine Competition Act. The law, which aims to safeguard fair and competitive market conditions, marks the nation’s...more

Collusion Course: The Limits of Hot Documents

Discovery in antitrust cases often involves a search for smoking-gun documents. Those documents can consist of emails proving that competitors conspired to raise prices, removing the difficulties faced by prosecutors or civil...more

Supreme Court Denies Review Regarding Question of the Reach of the Antitrust Laws to Foreign Price-Fixing Agreements

In response to petitions presented to the United States Supreme Court for review of two rulings by the Ninth and Seventh Circuit Courts of Appeals, the United States Supreme Court denied cert earlier this week regarding the...more

Antitrust Update: The Aggressive Global Enforcement Network

Companies face lots of risks – the soup du jour has been anti-corruption enforcement and compliance. Like any consistent restaurant you might visit regularly, one risk continues to grow, quietly and significantly –...more

Is Antitrust Relevant for Startups, Emerging, and Non-Dominant Firms?

The answer is (surprise!) “yes.” There are a number of ways in which antitrust law is relevant to emerging and non-dominant companies. Those firms may: Need to deal with the dominant firms in their markets,...more

California Supreme Court Decision in Cipro Highlights the Lack of Predictability in Antitrust Jurisprudence and Counseling

On May 7, 2015, the Supreme Court of California issued an opinion in In re Cipro Cases I & II, a case centered on pay-to-delay settlements between drug makers and generic manufacturers. The Court found the existence of an...more

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...more

Is the Competition Bureau Targeting You? New IP Enforcement Guidelines

On June 9, 2015, the Canadian Competition Bureau released updated draft Intellectual Property Enforcement Guidelines (IPEGs) for public comment. The comment period is open until August 10, 2015. It is the third publication of...more

Federal Court Enjoins Texas Medical Board from Enforcing More Stringent Telemedicine Rules

On April 10, 2015, the Texas Medical Board (the “Board”) voted to adopt stricter regulations governing the practice of telemedicine, which were scheduled to go into effect June 3, 2015 (the “Revised Regulations”). The Board...more

Competition News, June 2015

It is a cardinal rule of antitrust that – absent very limited exceptions – parties can do business, or refuse to do business, with whomever they choose. The Supreme Court solidified that premise in United States v. Colgate &...more

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