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Appeals Antitrust Litigation

Holland & Knight LLP

"Wheels Fall Off" FTC's Latest Hospital Merger Challenge

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District Court Ruling Shows that the "Failing Firm" Defense Isn't a Total Failure - In FTC v. Community Health Systems Inc. & Novant Health Inc., No. 5:24-cv-0028 (W.D.N.C.), Judge Kenneth D. Bell of the U.S. District...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - January 2024

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Illumina Agrees to Unwind Acquisition of Grail Following Fifth Circuit Decision.  On December 15, 2023, the Fifth Circuit vacated the FTC’s order that Illumina unwind its acquisition of Grail—a developer of a multi-cancer...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

Pierce Atwood LLP

First Circuit Revives Data Breach Class Action Claims in Webb v. Injured Workers Pharmacy, LLC

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Courts and class action counsel have been considering what kinds of injuries can confer standing to pursue federal claims following the Supreme Court’s 2021 decision in TransUnion LLC v. Ramirez, which held that the...more

McDermott Will & Emery

This Week in 340B: January 2023 #5

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick...more

White & Case LLP

HP v Autonomy: The “fake it ‘till we make it” start-up culture on trial

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In its long-awaited judgment, the English High Court1 has found that the British software firm Autonomy defrauded the US tech giant Hewlett-Packard (HP) and induced its own acquisition for the price of US$11.1bn...more

Bradley Arant Boult Cummings LLP

2021 AHLA Year in Review: Antitrust

I. ANTITRUST (Updated January 2022) - A. M&A - 1. Provider Merger Enforcement - a. Hackensack Meridian Health/Englewood Healthcare Foundation - • In December 2020, the FTC sued to block Hackensack Meridian...more

Sheppard Mullin Richter & Hampton LLP

Sixth Circuit Questions Efficacy of State “Certificate of Need” Laws, Question Whether Reduces Competition

The Sixth Circuit Court of Appeal recently voiced skepticism of Kentucky’s Certificate of Need (“CON”) laws while simultaneously ruling that they met the Fourteenth Amendment’s “rational basis” test....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

Patrick Malone & Associates P.C. | DC Injury...

Plaintiffs’ fortitude: It’s an admirable must when battling corporate fat cats

While too many of us get overdosed with clownish depictions - from doctors, hospitals, insurers, and corporations, especially Big Pharma firms - of how the civil justice system operates, it’s always worth a reminder of the...more

McDermott Will & Emery

Fourth Circuit Breathes New Life into Monopolization Suit

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The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

Jones Day

Ninth Circuit Clarifies Class Certification Standards in Antitrust Appeal

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The Ninth Circuit approved use of statistical analysis that relies on averaging but reversed class certification because the district court failed to resolve whether more than a de minimis number of putative class members...more

BCLP

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

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On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

WilmerHale

Fourth Circuit Affirms First-Ever Decision Requiring Divestiture in Private Antitrust Case

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On February 18, the Fourth Circuit affirmed a district court decision ordering a divestiture in a private merger challenge. Although the FTC and DOJ have successfully challenged a few closed transactions, the Jeld-Wen...more

White & Case LLP

On Your Skates! Lessons for Sports Governing Bodies and Event Organisers from the European Commission's ISU Decision

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In the International Skating Union case, the European Commission investigated the compatibility of the ISU’s Eligibility Rules with EU competition law following a complaint by two Dutch ice speed skaters. Upon finding the...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

Cozen O'Connor

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward

Cozen O'Connor on

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have...more

McDermott Will & Emery

Counterclaim Plaintiff Estopped from Antitrust Claims in Co-Pending Case

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The US Court of Appeals for the Federal Circuit held that a counterclaim plaintiff was estopped from relitigating antitrust claims in a separate action where the prior judgment allegedly involved separate and alternative...more

King & Spalding

Sixth Circuit Confirms Rule of Reason Analysis Applies to Alleged Group Boycott

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Premier Health Partners (Premier), a major hospital network in Dayton, Ohio, has won dismissal of an antitrust suit originally filed by a rival hospital. A physician-owned, for-profit hospital filed suit in 2012, alleging...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer-Fall 2018

Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Play for Pay Won’t Go Away: The NCAA Is Again Defending Antitrust Litigation Over Limits on Payments to Student Athletes

The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against...more

Katten Muchin Rosenman LLP

What Investors Need to Know About the New $6.2 Billion Visa, Mastercard Settlement

Visa, Inc., Mastercard, Inc., and other financial institutions have agreed to pay merchants between $5.56 billion and $6.26 billion to settle a 13-year old antitrust litigation. For years, the case has driven shrewd investors...more

Best Best & Krieger LLP

12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services - Ninth Circuit Affirms Lower Court’s...

The Ninth Circuit U.S. Court of Appeals upheld a lower court decision to dismiss 12 Orange County cities from federal antitrust lawsuits alleging the municipalities monopolized ambulance services in their boundaries....more

Dechert LLP

Second Circuit Clarifies Summary Judgment Standards in Antitrust Conspiracy Case

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The U.S. Court of Appeals for the Second Circuit affirmed a grant of summary judgment on July 19, 2018, in favor of defendants in a nearly decade-old case alleging an unlawful conspiracy in the single-copy magazine industry....more

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