News & Analysis as of

Antitrust Litigation

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

Reverse-Payment Plaintiffs Mine Patent Litigation Record to Survive Summary Judgment

by Holland & Knight LLP on

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

Recent Developments in Antitrust Scrutiny of Healthcare-Provider Transactions

by Holland & Knight LLP on

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

Eleventh Circuit Restores Auto Body Shop Antitrust Case

by Baker Donelson on

On September 7, the Eleventh Circuit Court of Appeals handed a big victory to a class of auto body shops in Quality Auto Painting v. State Farm, et. al, reversing a lower court decision that had dismissed the auto body shops'...more

Tennessee Approves Ballad Health COPA Over FTC Protests

In the face of the Federal Trade Commission’s (FTC’s) string of litigation successes over the last several years challenging hospital mergers on antitrust grounds, there has been an increased focus on the potential use of...more

Parens Patriae Representative Suits by State AGs: Parental Help with Strings Attached

Parens patriae is a Latin term which literally means “parent of the fatherland.” In parens patriae actions, a state sues on behalf of its citizens. The rights of the states to do this was first established in 1900 in...more

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

by Bryan Cave on

The retail industry should have great interest in a case set to be decided the Supreme Court this term, the outcome of which will affect the terms and conditions of credit card acceptance for all merchants. The Supreme...more

Third Circuit Affirms Summary Judgment for Defendant in Titanium Dioxide Price-Fixing Case

by McDermott Will & Emery on

WHAT HAPPENED: ..On October 2, 2017, the US Court of Appeals for the Third Circuit unsealed its opinion in Valspar Corp. v. E.I. Du Pont De Nemours & Co., No. 16-1345 2017 WL 4364317 (3d Cir. Sept. 14, 2017) in which the...more

Supreme Court to Take Up Rule of Reason Analysis in Two-sided Markets Antitrust Case

by Bryan Cave on

On Monday, October 17, the Supreme Court granted certiorari to review the Second Circuit’s decision in Ohio v. American Express, suggesting that the Court may be ready to shed additional light on the “rule of reason” test...more

Antitrust Claims Against Telescope Manufacturer Ningbo Sunny Dismissed and Shot into Space

On September 28, 2017, Judge Edward Davila dismissed an antitrust complaint filed by Optronic Technologies, Inc. (dba Orion) against Ningbo Sunny Electronic Co., Ltd., Sunny Optics, Inc. and Meade Instruments Corp. The case...more

Future Impacts of Valero’s Decision to Abandon Martinez Terminal

by Holland & Knight LLP on

Valero Petroleum company announced on Sept. 18, 2017 that it would abandon its plans to acquire the Plains All American Pipeline terminal facilities in Martinez and Richmond, California. These facilities appear to be the last...more

DOJ’s Challenge of Parker-Clarcor: HSR Clearance Does Not Equal Safe From DOJ Challenge

by Shearman & Sterling LLP on

On September 26, the DOJ challenged Parker-Hannifin’s $4.3-billion consummated acquisition of Clarcor, serving as a reminder that receiving HSR clearance does not immunize transactions from being challenged, even after...more

Pfizer Sues J&J, Alleges Anticompetitive Practices in Connection with Remicade®

by Goodwin on

Today, Pfizer filed an antitrust lawsuit against Johnson & Johnson (J&J) in the U.S. District Court for the Eastern District of Pennsylvania alleging that J&J has engaged in an anticompetitive scheme to protect its Remicade®...more

Eleventh Circuit Reinstates Auto Body Shops’ Antitrust Claims Against Insurers

In a 2-1 decision issued on September 7, 2017, the Eleventh Circuit reversed a district court decision dismissing antirust claims brought by auto body shops against a group of car insurance companies in the In re Auto Body...more

Federal Judge Declares the Rule of Reason Will Apply in Criminal Antitrust Case and Dismisses the Case as Barred Under the Statute...

by Hogan Lovells on

On August 28, a Utah federal judge held in United States v. Kemp & Associates, et al. that he will apply the rule of reason standard in a criminal prosecution against an heir-locator company for allegedly colluding with its...more

Specialty Pharmacy's Antitrust Claim against Humana Fails

by Baker Ober Health Law on

On August 9, District Judge Susan Wigenton (D. NJ) issued a ruling in Prime Aid Pharmacy v. Humana, Civ. No. 16-2104, granting Humana's motion to dismiss the plaintiff's Second Amended Complaint, finding that the plaintiff...more

Auto Body Shop Antitrust Appeal in Jeopardy of Being Dismissed on Procedural Grounds

by Baker Donelson on

On August 17, the clerk of the Eleventh Circuit Court of Appeals issued a notice to all counsel in Indiana Autobody Association v. State Farm Mutual Automobile Insurance, et al., apprising the parties that the plaintiffs'...more

District Court Rejects Direct Purchaser Class for Failure to Satisfy Numerosity Requirement

by WilmerHale on

On August 28, 2017, in King Drug Company of Florence, Inc., et al. v. Cephalon, Inc., et al., the Eastern District of Pennsylvania denied class certification for direct purchasers asserting Hatch-Waxman reverse-payment...more

Class Action Roundup: Summer 2017

by Alston & Bird on

Welcome to our second Roundup of 2017, where we feature the cases litigated and settlements finalized during the second calendar quarter of the year. It was a very active quarter in almost all of the categories we monitor,...more

Third Circuit Holds No Sham Litigation or Unlawful Reverse Payment in Wellbutrin XL Litigation

The Third Circuit recently affirmed the grant of summary judgment to GlaxoSmithKline (“GSK”) in the nearly 10-year-old Wellbutrin XL Antitrust Litigation, which challenged the lawfulness of settlement agreements resolving...more

The Eighth Circuit Reignites Claims of Continuing Conduct in Propane Tank Conspiracy

A split Eighth Circuit recently reversed a prior panel ruling and reignited antitrust claims against distributors of pre-filled propane tanks. The 5-4 majority cited the 1997 Supreme Court decision Klehr v. A.O. Smith Corp....more

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

by McDermott Will & Emery on

On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Antitrust Alert: Federal Court Rejects Failing Firm Defense in Merger Case

by Jones Day on

A new decision from a federal court in Delaware reinforces the high burden that parties face in insulating an otherwise anticompetitive merger based on the so-called "failing firm" defense. The Justice Department ("DOJ")...more

Lidoderm Plaintiffs Survive Class Certification in Pay-for-Delay Suit

by McDermott Will & Emery on

The US District Court for the Northern District of California certified classes of direct purchasers and end-payers in a pay-for-delay multidistrict litigation involving Lidoderm. In re Lidoderm Antitrust Litigation, Case No....more

Eighth Circuit Applies Continuing Violation Doctrine to Extend Statute of Limitations for Sherman Act Claims

Recently in In re Pre-Filled Propane Tank Antitrust Litigation, an en banc panel of the Eighth Circuit clarified the application of the continuing violation exception to the statute of limitations for claims under the Sherman...more

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