It has been almost two years since private plaintiffs initiated the first antitrust class action cases against RealPage and owners and managers of multifamily apartment buildings, alleging collusion by algorithm in the use of...more
8/27/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Division ,
Antitrust Litigation ,
Antitrust Violations ,
Class Action ,
Collusion ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Investigations ,
Multidistrict Litigation ,
Sherman Act
Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more
6/25/2024
/ Antitrust Litigation ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Manufacturers ,
Orange Book ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Section 2 ,
Section 5 ,
Sherman Act ,
Teva Pharmaceuticals
District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure -
In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more
The U.S. District Court for the Eastern District of Louisiana on Sept. 27, 2023, granted summary judgment against the Federal Trade Commission (FTC) in its challenge to the acquisition of three hospitals in Louisiana pursuant...more
As post-Actavis antitrust litigation over so-called “reverse payment” patent settlements proceeds, courts continue to provide further illumination about what evidence a private plaintiff would need to offer to survive summary...more
2/1/2018
/ Antitrust Litigation ,
Causation ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Summary Judgment
Shortly after the arrival last fall of Makan Delrahim as head of the DOJ's Antitrust Division, the DOJ quietly introduced a subtle but significant change to the consent decrees it uses to settle antitrust disputes. This...more
We pointed out in a recent article that, based on recent decisions by the Courts of Appeals for the First and Third Circuits, private antitrust plaintiffs seeking damages from so-called “reverse-payment” settlement agreements...more
11/8/2017
/ Anticompetitive Agreements ,
Antitrust Litigation ,
Appeals ,
Claim Construction ,
Damages ,
Generic Drugs ,
Manufacturers ,
Motion for Summary Judgment ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Preponderance of the Evidence ,
Reverse Payment Settlement Agreements
As the trend of acquisitions of physician practices and mergers of hospitals continues, so does antitrust scrutiny of these deals. There was activity this week in three different proposed transactions that caught the...more
11/3/2017
/ Administrative Law Judge (ALJ) ,
Anti-Competitive ,
Antitrust Immunity ,
Antitrust Litigation ,
Blue Cross ,
Competition ,
Cooperation Agreement ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Costs ,
Hospital Mergers ,
Hospitals ,
Physicians ,
Preliminary Injunctions ,
Price-Fixing ,
Sherman Act