The FTC and SEC have their own administrative dispute resolution regime, presided over by their own administrative judges (“ALJs”). Until now, those regimes were virtually immune from attack on a constitutional basis, because...more
In an unsigned per curiam opinion yesterday in Gonzalez v. Google, the U.S. Supreme Court vacated the Ninth Circuit’s judgment— which had held that plaintiffs’ complaint was barred by Section 230 of the Communications Decency...more
Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more
The Supreme Court heard oral argument last week in cases that will have extensive implications for online platforms, and, more broadly, for internet speech across the board. Gonzalez v. Google, in particular, may result in a...more
Antitrust practitioners, enforcers and industry professionals came together in Washington, D.C. for the 64th installment of the ABA Section of Antitrust Law's annual Spring Meeting. The Spring Meeting provides a look at the...more
4/20/2016
/ American Bar Association (ABA) ,
Anti-Competitive ,
Antitrust Litigation ,
Baker Hughes ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Divestiture ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Forex ,
FTC v Actavis ,
FTC v. Phoebe Putney Health System ,
Halliburton ,
Libor ,
Mergers ,
NC Board of Dental Examiners v FTC ,
REMS ,
SCOTUS ,
The Clayton Act ,
Yates Memorandum
Recently, the Third Circuit issued the first federal appellate decision interpreting the Supreme Court's landmark decision in FTC v. Actavis, Inc.[1], potentially greatly expanding the scope of settling parties in reverse...more
7/9/2015
/ Abbreviated New Drug Application (ANDA) ,
Exclusivity ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC v Actavis ,
Generic Drugs ,
Hatch-Waxman ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Reverse Payment Settlement Agreements ,
Reverse Payments ,
Rule-of-Reason Analysis ,
SCOTUS ,
Sherman Act ,
Teva Pharmaceuticals
The Supreme Court once again showed that, when it comes to the antitrust laws, the consumer is king. In Oneok, Inc. v. Learjet, the Court was asked to decide where state antitrust laws end and federal regulation begins. The...more
In Federal Trade Commission v. Actavis, Inc., the Supreme Court, in a 5-3 decision written by Justice Breyer, reversed the Eleventh Circuit's dismissal of an FTC complaint under Section 5 of the Federal Trade Commission...more
11/25/2013
/ Actavis Inc. ,
Anti-Competitive ,
Antitrust Investigations ,
Antitrust Litigation ,
Competition ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Pharmaceutical Industry ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Settlement