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Antitrust Violations › Antitrust Litigation › Per Se Rule

Freeman Law

Tradeshows and Exhibitions | Sherman Antitrust Considerations

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Overview - The antitrust laws provide no bright-line rules about what particular analysis will apply for the exclusion of a participant from an exhibition marketplace, although likely, the Rule of Reason applies. In any...more

Mintz

Antitrust Case Against BCBS to Continue Under Per Se Standard

Mintz on

In a long-running antitrust case, the Eleventh Circuit recently denied defendant Blue Cross Blue Shield’s interlocutory appeal of the district court’s ruling that certain allegedly restrictive practices of defendants must be...more

Patterson Belknap Webb & Tyler LLP

11th Circuit May Consider Continued Viability of Per Se Standard for Horizontal Market Allocation

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We wrote before about a decision by an Alabama federal district court to analyze claims in the Blue Cross Blue Shield multi-district litigation under a per se standard. ...more

Akerman LLP - Health Law Rx

Per se versus ‘Rule of Reason’ Standard: Judge in Blue Cross Antitrust MDL Proceeding Certifies His Decision For Interlocutory...

Akerman LLP - Health Law Rx on

In a somewhat unexpected but highly significant move, United States District Judge David Procter (Northern District of Alabama), who is presiding over the In re Blue Cross Blue Shield Antitrust Litigation (Case No....more

Mintz

Using “Old Cases,” District Court Applies Per Se Standard of Review to Blue Cross Blue Shield’s Restrictive Practices in Antitrust...

Mintz on

Since 2013, the Blue Cross Blue Shield Association has faced a series of purported class actions consolidated in the U.S. District Court in Alabama. In a recent decision focused upon the appropriate standard of review, the...more

Patterson Belknap Webb & Tyler LLP

Alabama Federal Court Will Analyze Blue Cross Blue Shield Antitrust Claims Under Per Se Standard; Defers Decision on “Single...

Patterson Belknap Webb & Tyler LLP on

A court’s decision regarding the proper standard of review in a Sherman Act Section 1 case—whether to analyze the defendant’s conduct as a per se antitrust violation or under the “rule of reason”—is highly significant. The...more

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