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In February of this year, the Federal Trade Commission (FTC) brought an administrative complaint to block Kroger Company’s $24.6 billion merger with Albertsons Companies, Inc., citing antitrust concerns. On August 19, 2024,...more
Last week, the Court of Appeals for the Seventh Circuit issued an opinion clarifying the distinction between two distinct, but often closely related concepts: Article III standing and the more prudential doctrine known as...more
Defendants in indirect purchaser price-fixing and market allocation cases in federal court frequently challenge plaintiffs' claims for lack of antitrust standing. Relying on the U.S. Supreme Court decision in Associated...more
Here are our picks for the top five most significant legal developments of 2018 that may impact the biosimilar industry: 1. New Law Requiring FTC/DOJ Review Of Biosimilar Patent Litigation Settlements - With the...more
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
The author who literally wrote the book on the Enron is warning that the next financial crisis is lurking underground—aka, fracking has “turned the energy world upside down,” and it’s pulled in a bunch of Wall Street along...more
Where the (Class) Action Is - Welcome to 2018 and the latest edition of Roundup covering significant decisions and settlements from the last quarter of 2017. On the docket this quarter is another slate of cases covering a...more
In a case of first impression, the Third Circuit recently held in In re Processed Egg Products Antitrust Litigation, No. 16-3795, 2018 U.S. App. LEXIS 2698 (3d Cir. Jan. 22, 2018), that a direct purchaser of a product,...more
The antitrust injury and antitrust standing defenses/doctrines are alive and well in healthcare. A recent case, SCPH Legacy Corp. et al. v. Palmetto Health et al., shows that a competitor is not always the most legally...more
In an antitrust case where two competitors admittedly engaged in concerted action to block a third competitor’s access to a natural gas gathering system, a federal appeals court recently upheld summary judgment for the...more
As 2016 comes to a close, we review some of the more interesting court decisions in the indirect purchaser class action arena over the past 12 months and provide practitioners with some key takeaways for 2017 and beyond....more
This case concerned a federal antitrust class action involving a proposed class of Class 8 truck purchasers who alleged a conspiracy by several truck transmission suppliers and manufacturers to raise prices by eliminating...more
In a case of first impression in the Third Circuit, the Court of Appeals held that unnamed, putative class members are not required to establish standing under Article III of the U.S. Constitution. Rather, the Court held that...more