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Goodwin

When Can a Supplier Lawfully Restrict Active Sales in an Exclusive Distribution Agreement?

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In its recent judgment in Beevers Kaas (Case C‑581/23), the European Court of Justice (ECJ) clarified how suppliers may validly restrict active sales in exclusive distribution arrangements under Article 4(b)(i) of the...more

McCarter & English, LLP

Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements

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Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more

Holland & Knight LLP

Google Search: Data Sharing as a Risk or Remedy?

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Google is so ubiquitous it's both a noun and a verb, and nearly everyone's search engine of choice. As a result, the landmark antitrust case brought by the U.S. Department of Justice and several states (collectively, the...more

Akerman LLP - Health Law Rx

Sutter Health Settles California Attorney General Antitrust Case With Cash and an Agreement to Make Significant Changes to its...

Akerman LLP - Health Law Rx on

The terms of a settlement that resolved antitrust litigation between the State of California and Sutter Health, the largest health system in Northern California, have now become public, almost two months after the settlement...more

Troutman Pepper Locke

Third Circuit Provides Manufacturers With Roadmap to Avoid Class Antitrust Claims Brought by Direct Purchasers

Troutman Pepper Locke on

The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more

Orrick, Herrington & Sutcliffe LLP

Hell Or High Water For Nidec

Orrick, Herrington & Sutcliffe LLP on

The phrase “come hell or high water” is said to have originated in the late 1800s in reference to the conditions cattle herders encountered when they trekked from Texas to the Midwest across large prairies in the summer heat...more

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