Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Nota Bene Episode 46: America’s Existential Antitrust Crisis with Thomas Dillickrath
Instapundit: America's IP Laws Need to be "Pruned Back"
$300 Million Dairy Settlement Will Bring Reform, Lawyer Says
I was not alone in noting the significance of the D.C. district court's decision earlier this month to hold Google liable for monopolization of the general search market and the search text advertising market in United...more
On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more
Agencies seek to split the company, saying exclusionary conduct harms consumers, artists, and venue owners. The Antitrust Division of the Justice Department and 30 state attorneys general sued Live Nation Entertainment Inc....more
According to a putative class action filed in the Northern District of Illinois, computing giant Hewlett-Packard, Inc. (HP) illegally “require[es] consumers to use only HP-branded replacement ink cartridges, rather than...more
2022 was an intensive year in competition law. Material issues to the competition agenda were addressed in precedential determinations and rulings by the Competition Authority and by Israeli courts. These issues include...more
For years, antitrust commentators have warned of threats to innovation and competition posed by “thickets” of patents—the “dense web[s] of overlapping intellectual property rights that a company must hack its way through in...more
Tim Sweeney, the Colossus of Cary, is fighting even bigger foes – Apple and Google. The multibillionaire chief executive of Epic Games has opened a multi-front war on the tribute that app developers are forced to pay to reach...more
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
2018 saw a significant upswing in antitrust litigation against health care providers; 27 cases were filed in 2018 versus 17 in 2017. In the latest Antitrust Update for Health Care Providers, we discuss what caused the notable...more
On January 11, 2019, the U.S. DOJ Antitrust Division (Division) filed a Notice of Intent to File a Statement of Interest in a lawsuit filed by u-blox against Interdigital in the U.S. District Court for the Southern District...more
In what was a surprise result, on April 23, Judge William Smith (Chief Judge of the District of Rhode Island) reversed the “tentative” decision he had announced last November, in Stewart Health v. Blue Cross & Blue Shield of...more
On March 27, 2018, the Third Circuit affirmed dismissal of an antitrust suit against Uber Technologies, Inc. (“Uber”) by the Philadelphia Taxi Association and its members, individual taxicab companies (together,...more
In broad language, a Third Circuit panel affirmed a district court’s dismissal of a monopoly suit against Uber Technologies Inc. (“Uber”). Philadelphia Taxi Association Inc. v. Uber Technologies Inc., Case No. 17-1871 (3rd...more
A private home health care agency’s attempted monopolization suit against a dominant public hospital system and its home health care agency will move forward following a federal district court’s denial of the defendant...more
On February 28, 2018, the Puerto Rico Telephone Company, Inc. (PRTC) filed a petition for a writ of certiorari after its antitrust claims against San Juan Cable LLC (OneLink) were dismissed by the First Circuit Court of...more
The Situation: Australia has adopted a package of changes to its antitrust laws that are designed to give more power to its antitrust enforcement agency, the Australian Competition and Consumer Commission, and to increase...more
Fifty years on, few lawyers can recall the precise day when their legal careers began. But I can. It was June 12, 1967, the date when the U.S. Supreme Court announced its decision in U.S. v. Arnold, Schwinn & Co., holding...more
The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham...more
In a recent decision, the Third Circuit held that a public university and its non-profit partner were immune from antitrust liability after the university enacted a student residency policy that benefitted on-campus...more
In a town that is no stranger to landmark hospital merger cases, last month a Chicago federal judge denied the Federal Trade Commission’s (FTC) motion for a preliminary injunction to temporarily block a merger between...more
Shanghai High People’s Court Rules That Resale Price Maintenance Agreement Constitutes Monopolistic Agreement - The Shanghai High People’s Court recently made available its Aug. 1, 2013 final judgment overruling the...more