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Rebates Antitrust Litigation

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - March 2024

WilmerHale on

Calls for Removal of Device Patents Listed in the Orange Book Continue. FTC and Congressional action scrutinizing allegedly “improper” Orange Book listings continued apace in the first few months of 2024. ...more

Patterson Belknap Webb & Tyler LLP

Tenth Circuit Upholds Pharmaceutical Company’s Exclusive Rebate Agreements in In re EpiPen

The Tenth Circuit recently became the first federal court of appeals to address an antitrust challenge to a relationship central to modern pharmaceutical drug markets:  the price negotiations between drug companies and...more

BakerHostetler

Recent Summary Judgment Decision in FleetCor Case Spells Trouble for CEOs and Disclaimers

BakerHostetler on

​​​​​​​A recent federal court decision found that FleetCor, a company that sells fuel card services to businesses, and its CEO had violated the Federal Trade Commission (FTC or Commission) Act through a series of deceptive...more

Goodwin

Regeneron Files Antitrust Lawsuit Accusing Amgen of Engaging in a Persistent Exclusionary Campaign to Deny Patients Access to...

Goodwin on

Late last week, Regeneron Pharmaceuticals, Inc. filed an antitrust complaint against Amgen Inc. in the U.S. District Court for the District of Delaware.  Regeneron alleges that “Amgen is engaged in a persistent exclusionary...more

Foster Garvey PC

Online Travel Update: MCR Hotels trial runs attribute pricing; Travel Funders Network offers revenue guarantee; and Hopper raises...

Foster Garvey PC on

MCR Hotels Trial Runs Attribute Pricing - (“One of the US's largest hotel owners is charging guests $25 to use the swimming pool and $20 to check in early — but is cutting room prices in return,” August 18, 2021 via...more

Foley Hoag LLP

The History of Rebates in the Drug Supply Chain and HHS’ Proposed Rule to Change Safe Harbor Protection for Manufacturer Rebates

Foley Hoag LLP on

Excerpt: I. Introduction - In February of 2019, the Department of Health and Human Services’ Office of Inspector General (HHS-OIG) issued a Proposed Rule that, if adopted, would upend the current prescription drug...more

A&O Shearman

The Intel Ruling: A New Dawn?

A&O Shearman on

In perhaps the most hotly anticipated judgment in the European competition law world this year, the Court of Justice of the European Union (CJEU) handed down its landmark ruling on September 6, 2017 in Intel’s appeal against...more

Morrison & Foerster LLP

Antitrust by Analogy: Developing Rules for Loyalty Rebates and Bundled Discounts

Economics has come to dominate antitrust jurisprudence. Preserving and enhancing economic welfare (in one form or another) is now the conceded goal of antitrust. Accordingly, economic analysis permeates antitrust scholarship,...more

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