Two of the Department of Justice’s labor-market criminal antitrust prosecutions have seen interesting recent developments. (See our previous coverage of this prosecution trend, reported on: Feb. 9th; May 2nd; Sept. 22nd; and...more
The DOJ’s efforts to prosecute alleged wage-fixing and employee non-solicitation agreements have continued to develop over the last few months. Most notably, the DOJ nearly secured its first criminal conviction on a no-poach...more
Missouri resident Elliot Conrad Dale recently filed an antitrust lawsuit against GlaxoSmithKline (“GSK”), claiming GSK employed a “device hopping” scheme to ensure uninterrupted patent and regulatory protection for its...more
Last month, the first two trials arising from the DOJ’s recent push to criminally prosecute wage-fixing and employee non-solicitation agreements both ended in acquittals on the antitrust charges. In United States v. Jindal,...more
Two weeks ago, the District of Colorado denied defendants’ motion to dismiss in a criminal case targeting agreements between competitors not to solicit (or “poach”) each other’s employees. United States v. DaVita Inc. et...more
Stop me if you’ve heard this one before: the FTC is suing pharmaceutical manufacturers Endo and Impax over an alleged “reverse payment” agreement to reduce competition in the market for Opana ER, an oxymorphone extended...more
Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent trends in pharmaceutical antitrust actions with a discussion of cases...more
Recently, Judge Goldberg in the Eastern District of Pennsylvania certified two classes of plaintiffs asserting antitrust claims based on alleged “product hopping” by the manufacturer of branded tablets treating opioid...more
For several years, the Antitrust Division’s investigations have been increasingly global in scope. Acting Assistant Attorney General Andrew Finch made clear that trend will continue in remarks at a conference on...more
This week, the Second Circuit affirmed the approval of a $50 million agreement settling price-fixing claims brought by a class of farmers against a dairy cooperative and a dairy marketing company. The settlement in Allen et...more
How explicitly must a complaint sounding in antitrust allege causation? At oral argument last week, the Court of Appeals for the Second Circuit evaluated the sufficiency of the plaintiffs’ allegations that certain Takeda...more
9/23/2016
/ Actos ,
Antitrust Violations ,
Appeals ,
Causation ,
Dismissals ,
False Evidence ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Patents ,
Pharmaceutical Industry ,
Pleading Standards ,
Product Exclusivity ,
Takeda Pharmaceuticals ,
Twombly/Iqbal Pleading Standard
Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it...more
7/5/2016
/ Antitrust Violations ,
Auto Parts ,
Bargaining Power ,
Class Action ,
Class Certification ,
Commonality ,
Corporate Counsel ,
Damages ,
Predominance Requirement ,
Price-Fixing ,
Restraint of Trade ,
Sherman Act ,
Typicality ,
Young Lawyers
It is plausible that Uber’s CEO, Travis Kalanick, may have violated antitrust law by fixing prices charged to Uber passengers, a judge in the United States District Court for the Southern District of New York concluded last...more
On November 25, 2015, the Court of Appeals for the Fifth Circuit affirmed the $156 million antitrust judgment in MM Steel, L.P. v. JSW Steel (USA) Incorporated; Nucor Corporation, upholding a jury verdict that found one...more