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Antitrust Litigation Supreme Court of the United States Sherman Act

Troutman Pepper

Tennessee and Virginia AGs File Antitrust Suit Against NCAA Over New NIL Policies

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On January 31, Tennessee Attorney General (AG) Jonathan Skrmetti, joined by Virginia AG Jason Miyares, filed suit against the NCAA in the U.S. District Court for the Eastern District of Tennessee for alleged violations of the...more

Orrick, Herrington & Sutcliffe LLP

Antitrust Judgment-Sharing Agreements Remain Viable (For Now) After Supreme Court Denies Certiorari

The U.S. Supreme Court declined to review a district court decision upholding the validity and enforceability of a judgment-sharing agreement (JSA) among defendants in an antitrust civil price fixing action....more

Haug Partners LLP

D.C. Circuit Dismisses FTC Antitrust Suit: Exclusive Pharma Patent Licenses Remain Permissible Under The Patent Act

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On Friday, August 25, 2023, the U.S. Court of Appeals For The District Of Columbia Circuit affirmed dismissal of an antitrust action brought by the Federal Trade Commission regarding Endo Pharmaceuticals’s grant of an...more

Winstead PC

SCOTUS Sets Argument on Case with NIL Implications

Winstead PC on

An important development in the fast-changing landscape of intercollegiate athletics’ name, image, and likeness (NIL) rules may occur, when NCAA v. Alston is heard by the United States Supreme Court in March, with the Court’s...more

Latham & Watkins LLP

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

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The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

A&O Shearman

Supreme Court: Foreign Government Submissions Are Not Binding on US Courts

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On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government’s interpretation of its own law is not binding on U.S. courts....more

Polsinelli

U.S. Supreme Court Hears Oral Argument over How to Apply the Rule of Reason to Two-Sided Markets in American Express Case

Polsinelli on

On February 26, 2018, the United States Supreme Court heard oral argument in Ohio, et. al. v. American Express Company, et. al., No. 16-1454. This case involves allegations that American Express unlawfully restrained trade in...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

BCLP

Supreme Court to Review Antitrust Suit Over AmEx Merchant Rules

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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

BCLP

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

BCLP 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

Patterson Belknap Webb & Tyler LLP

Circuit Split on Certification: How far can evidence of price-fixing carry antitrust plaintiffs?

Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more

Miles & Stockbridge P.C.

Supreme Court to Consider Whether Allegations of Adherence to a Business Association’s Rules Can Trigger Antitrust Liability

Can participation in a business or trade association and allegiance to its rules trigger antitrust liability for association members under the Sherman Act? Next term, the Supreme Court will hear Osborn v. Visa Inc., the...more

Proskauer Rose LLP

The First Circuit Agrees that Non-Cash Reverse Payments Are Subject to Antitrust Scrutiny. Does the Loestrin Decision Point to...

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Recently, the First Circuit became the second federal appellate court interpreting the Supreme Court's landmark decision in FTC v. Actavis, Inc. to hold that non-cash "reverse payments" between pioneer and generic...more

Sheppard Mullin Richter & Hampton LLP

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

McDermott Will & Emery

ANDA Update - October 2015

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Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Sheppard Mullin Richter & Hampton LLP

Regulatory Capture Vitiates State Action Immunity

The Supreme Court has ruled that when an oversight mechanism created by a State —here a State Board — is under the control of those it was supposed to be regulating (sometimes referred to by economists as “regulatory...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Surprises the Antitrust World with Denial of Cert in Motorola and AU Optronics

Today the United States Supreme Court denied certiorari in two cases, Motorola Mobility LLC v. AU Optronics et al. and Hsiung and AU Optronics Corp. America Inc. v. United States, declining to resolve a closely watched...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Finds that Regulatory Boards Composed of “Active Market Participants” are Subject to Antitrust Laws if Not Actively...

Yesterday, the Supreme Court issued its ruling in North Carolina State Board of Dental Examiners v. FTC, finding that North Carolina’s state board of dental examiners was subject to antitrust scrutiny under the Sherman Act...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides North Carolina State Board of Dental Examiners v. Federal Trade Commission

On February 25, 2015, the Supreme Court decided North Carolina State Board of Dental Examiners v. Federal Trade Commission, No. 13-534. The Court held that the North Carolina State Board of Dental Examiners was not immune...more

Sheppard Mullin Richter & Hampton LLP

FTC v. Actavis on Remand: A New Chapter

District Court refuses to grant renewed motion to dismiss based on Noerr-Pennington doctrine. In re AndroGel Antitrust Litigation (No. II), MDL No. 2084 (re Federal Trade Commission v. Actavis, Inc., No. 1:09-CV-955-TWT)...more

Robins Kaplan LLP

Antitrust Bulletin - Vol. 5, No. 1

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In this Issue: - New Developments - U.S. Supreme Court Will Decide Whether Patent Agreements That Postpone the Sale of Generic Drugs Violate Antitrust Laws - Direct Purchasers Have Standing to Bring Antitrust...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ambry Responds to Myriad Lawsuit

Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

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