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Antitrust Injuries

Patterson Belknap Webb & Tyler LLP

Court Denies Direct Purchasers’ Second Attempt at Class Certification in In re Lamictal

In a recently unsealed opinion, a court in the District of New Jersey has declined to certify a direct-purchaser class in In re Lamictal ("Lamictal") on numerosity grounds. It joins the growing number of courts in recent...more

Hogan Lovells

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

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The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more

Bradley Arant Boult Cummings LLP

Is There a Legal Duty to Deal with Competitors? Sixth Circuit Antitrust Opinion Examines ProMedica’s Termination of Rival Hospital...

The Sixth Circuit’s recent decision in St. Luke’s Hospital et al. v. ProMedica Health System, Inc. addresses whether and when a unilateral refusal to deal can result in competitive injury within the meaning of the federal...more

King & Spalding

American Express Anti-Steering Litigation: Implications for “Umbrella” Plaintiffs’ Standing in Antitrust Suits

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On Monday, November 22, 2021, the United States Court of Appeals for the Second Circuit affirmed a district court ruling that “umbrella” plaintiffs—i.e., antitrust class action claimants who purchase from a non-conspirator a...more

Foley & Lardner LLP

Of Tuna Price-Fixing Conspiracies, Econometric Regressions, and the Ninth Circuit’s Latest Guidance on Class Certification

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Last week, the United States Court of Appeals for the Ninth Circuit issued a decision vacating a district court order certifying three plaintiff classes pursuing damages for alleged price-fixing conspiracies in the tuna...more

Mintz - Intellectual Property Viewpoints

AbbVie’s Enforcement of its ‘Patent Thicket’ For Humira Under the BPCIA Does Not Provide Cognizable Basis for an Antitrust...

In a recent decision in In Re Humira (Adalimumab) Antitrust Litigation, No. 19-cv-1873, Judge Shah of the Northern District of Illinois dismissed a consolidated class action complaint filed by U.S. purchasers of AbbVie Inc.’s...more

McDermott Will & Emery

Third Circuit: “Rigorous Analysis” Required for Class Certification in Antitrust Cases

The US Court of Appeals for the Third Circuit recently concluded in In re Lamictal Direct Purchaser Antitrust Litigation that a district court’s reliance on average prices to determine class-wide impact was insufficient....more

Skadden, Arps, Slate, Meagher & Flom LLP

Third Circuit Demands Rigorous Analysis of the Predominance Requirement for Class Certification in Pharmaceutical Antitrust Case

On April 22, 2020, the Third Circuit Court of Appeals vacated and remanded an order certifying a class of direct purchaser plaintiffs in In re: Lamictal Direct Purchaser Antitrust Litigation, holding that the district court...more

Smith Debnam Narron Drake Saintsing & Myers,...

Congress Continues To Examine Forced Arbitration

An historic piece of legislation was passed in the U.S. House of Representatives on September 20, 2019. The Forced Arbitration Injustice Repeal (FAIR) Act, (HR 1423) was introduced by Rep. Johnson (D-GA-4). The FAIR Act...more

Jones Day

Antitrust Alert: Third Circuit Affirms Directed Verdict Following Rare Price Discrimination Trial

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Failure to show antitrust injury proved fatal to price discrimination claims as the Third Circuit affirmed a directed verdict in favor of cement company, Argos USVI, in a case brought by its customer, ready-mix concrete...more

ArentFox Schiff

Maryland Enacts a Statute Prohibiting Non-Competes for Lower Wage Employees

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On May 28, 2019, the Maryland Governor permitted (without signature) the Noncompete and Conflict of Interest Clauses Act (the Act) to become law. ...more

Proskauer Rose LLP

Three Point Shot - May 2019

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Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials... Topgolf...more

Pierce Atwood LLP

In re Asacol Antitrust Litigation: Article III Standing In Multi-State Class Actions

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In his October 17th post, Josh Dunlap describes in detail the First Circuit’s landmark ruling in In re Asacol Antitrust Litigation concerning classes that include uninjured members. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Planning for Merger Reviews and Antitrust Inquiries in Case of a 'No-Deal' Brexit

As the U.K.’s March 29, 2019, exit date from the European Union approaches, companies involved in merger reviews or antitrust investigations should pre-emptively address the risk of a “no-deal” Brexit....more

Bennett Jones LLP

Craft Beer Industry Incentives Deemed Unconstitutional

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On June 19, 2018, the Court of Queen's Bench issued its decision in Steam Whistle Brewing Inc. v Alberta Gaming and Liquor Commission, 2018 ABQB 476 [Steam Whistle]. Justice Gillian Marriott held that the Alberta Gaming and...more

Mintz

Philadelphia Cabbies Lose Appeal in Monopoly Case Against Uber

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In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

Patterson Belknap Webb & Tyler LLP

Clorox Seeks Dismissal of Remaining Claims in Woodman’s Food Market Suit

In the latest development in Woodman’s Food Market v. Clorox—the saga between Clorox and Woodman’s that last year generated a landmark Robinson-Patman Act (RP Act) decision by the Seventh Circuit—Clorox is asking the district...more

Jones Day

ITC Reschedules Oral Argument

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As previously reported, the Commission recently granted U.S. Steel’s request for an oral hearing in Certain Carbon and Alloy Steel, Inv. No. 337-TA-1002. This was only the second oral argument granted in a Section 337 case in...more

Carlton Fields

Third Circuit Affirms Denial of Class Certification Because Expert’s Exclusion of Relevant Data From Analysis of Classwide...

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The Third Circuit affirmed an order denying class certification because the plaintiffs failed to provide sufficient evidence of classwide antitrust impact, and thus, could not satisfy Rule 23(b)(3)’s predominance requirement....more

Sheppard Mullin Richter & Hampton LLP

Attempt to Monopolize Claim Fails Where Plaintiff Cannot Establish Approach to Monopoly Power in Properly Defined Relevant Market

Practitioners interested in the real world application of an attempt to monopolize claim under Section 2 of the Sherman Act, will find Savory Pie Guy a “good read” for the New Year. Savory Pie Guy, LLC v. Comtec Industries,...more

Patterson Belknap Webb & Tyler LLP

Court Finds Apple is a Distributor of iPhone Apps, Allows Antitrust Suit

In a significant Illinois Brick decision, the Ninth Circuit recently issued an opinion concluding that consumers who purchase apps from Apple’s “app store” directly purchase those apps from Apple, which acts as a distributor....more

Zelle  LLP

Questioning 2nd Circ. Analysis in Aluminum Antitrust Case

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In a painstaking dissection of the “inextricably intertwined” standard often used by courts to determine whether plaintiffs can show they suffered “antitrust injury” if they neither purchased from, nor competed with, a...more

McDermott Will & Emery

The European Commission Fines Truck Manufacturers a Record €2.93 billion for Cartel Conduct

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On 19 July 2016, the European Commission (Commission) imposed fines totaling €2,926,499,000 on four truck producers (39824 – Trucks). The fine is the highest ever imposed on members of a cartel by the EU competition...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Weighs in on Antitrust Injury

Antitrust standing is one of the most beguiling concepts in antitrust law, but it is a hurdle that a plaintiff must negotiate if its claim can proceed. This week, the Second Circuit provided some clarity to the doctrine when...more

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