Monopolization Anti-Competitive

News & Analysis as of

Antitrust Lessons from Oil Giants’ Proposed Merger

In perhaps an unsurprising move, last week the U.S. Department of Justice filed a civil antitrust lawsuit challenging the merger of Halliburton and Baker Hughes, the first and third largest oilfield services companies in the...more

SDNY Dismisses Silver Monopolization Lawsuit but Leaves Door Open for Future Antitrust Suits Concerning Manipulations in the...

On January 12, 2016, Judge Engelmayer of the Southern District of New York dismissed a lawsuit against JP Morgan which alleged the bank (and some of its subsidiaries) monopolized silver futures spread trading in late 2010 and...more

ANDA Update - October 2015

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

What discount structures can a dominant firm use? European Court supplies further guidance

The European Court has given further guidance on how to assess the legality of rebates and discounts offered by dominant firms in a case concerning rebates practised by Post Danmark, which at the relevant time enjoyed a...more

Turing, Daraprim, and Refusals to Deal with Generic Manufacturers

Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more

Kissing Camels Antitrust Suit Against Health System Moves Past Another Hump in the Road

In June, an antitrust suit brought by plaintiff ambulatory surgery centers (“ASCs”) against a health system, health insurers, and a trade association survived a motion to dismiss. Last week, the ASCs’ case cleared the hump of...more

FTC Obtains $26.8 Million in Disgorgement to Settle Monopolization Claims

On April 17, 2015, the Federal Trade Commission (FTC) entered into a settlement with Cardinal Health, Inc. (Cardinal) to resolve allegations that Cardinal, the largest and in certain areas the sole operator of...more

Antitrust Violation Found "Fitting": Use of Exclusivity Program with Distributors in Pipe Fitting Market Found to Violate...

Government competition authorities in the United States are sometimes challenged, if not criticized, for not pursuing claims based on single firm conduct in maintaining a monopoly. The recent opinion of the United States...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

New York District Court Dismisses Complaint Alleging Foreign Antitrust Activity

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

Instapundit: America's IP Laws Need to be "Pruned Back"  [Video]

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

Supreme Court Rules for FTC in Hospital Merger Case

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

Supreme Court Holds Antitrust Law Applies to State Hospital Authority Transaction

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

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