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Sherman Act Appeals

Kohrman Jackson & Krantz LLP

Amazon’s “Buy Box” Legally Boxes Out the Competition

On March 20, 2025, the Ninth Circuit Court of Appeals affirmed a district court’s order to dismiss a consumer antitrust lawsuit filed against Amazon. In the lawsuit styled Hogan v. Amazon.com, Inc., the consumer-plaintiffs...more

A&O Shearman

Ninth Circuit Upholds Dismissal Of Antitrust Claims Against Amazon Over Fulfillment Services

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On March 20, 2025, the Ninth Circuit Court of Appeals affirmed the district court’s dismissal of consumer Plaintiffs’ Sherman Act claims against Defendant Amazon, Inc. (“Amazon”), with prejudice, for lack of antitrust...more

A&O Shearman

Ninth Circuit Affirms District Court’s Rejection Of Private State Law Claims Against Qualcomm

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On February 25, 2025, the Ninth Circuit Court of Appeals affirmed the United States District Court for the Northern District of California’s rejection of unlawful tying, exclusive dealing, and unfair competition claims...more

A&O Shearman

Fourth Circuit Affirms Denial Of Class Certification In Coupon Services Price Fixing Case

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On February 12, 2025, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Middle District of North Carolina not to grant class certification in a 17-year-old lawsuit accusing...more

A&O Shearman

Northern District Of California Applies Recent Epic v. Apple Precedent To Dismiss Antitrust Suit Before Closing Arguments

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On January 28, 2025, U.S. District Judge Araceli Martínez-Olguín granted judgment as a matter of law for defendant Intuitive Surgical, Inc. (“Intuitive” or “defendant”) on all claims brought by plaintiff, Surgical Instruments...more

A&O Shearman

Tenth Circuit Rejects Surgical Assistants’ Appeal In Surgical Credentials Monopolization Case

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On January 21, 2025, the Tenth Circuit Court of Appeals affirmed the United States District Court for the District of Colorado’s dismissal of the Association of Surgical Assistants’ (ASA) challenge to the National Board of...more

Mintz

Out With the Old, In With the Statutes and Caselaw (Again): FTC and DOJ Withdraw Competitor Collaboration Guidelines in Favor of...

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On the heels of President-Elect Trump’s announcement of the appointment of Mark Meador to the Federal Trade Commission (FTC) and designation of current Republican Commissioner Andrew Ferguson as the agency’s chair, the FTC...more

Mintz - Antitrust Viewpoints

Information Sharing in the Trump Administration

As January 20, 2025, approaches, antitrust practitioners and the business communities are searching for clues whether the incoming Trump Administration and its antitrust officials will continue the Biden Administration’s...more

A&O Shearman

Plaintiffs Alleging Per Se Group Boycott Win Reversal In Ninth Circuit

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On September 17, 2024, a unanimous panel of the Ninth Circuit Court of Appeals granted an appeal from a group of professional swimmers and the International Swimming League (“ISL”) (together, “Plaintiffs”) in their ongoing...more

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners’ Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

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On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

A&O Shearman

Fifth Circuit Dismisses U.S. Anesthesia Partners Appeal, Declining To Hear Constitutional Claims Under Collateral Order Doctrine

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On August 15, 2024, Judge Stephen A. Higginson of the United States Court of Appeals for the Fifth Circuit, writing for a panel, dismissed an appeal from U.S. Anesthesia Partners (“USAP”) in its ongoing litigation against the...more

WilmerHale

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

WilmerHale on

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

McDermott Will & Emery

Fourth Circuit Holds Per-Se Rule Does Not Apply in Bid-Rigging Case

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A three-judge panel from the US Court of Appeals for the Fourth Circuit overturned an executive’s bid-rigging antitrust conviction, holding that the district court erred in applying the per se standard to the executive’s...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

Foley & Lardner LLP

Seventh Circuit Revives Franchise No-Poach Case, Holds Per Se Treatment Possible

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A recent opinion by the U.S. Court of Appeals for the Seventh Circuit reinstates allegations against McDonald’s that no-poach provisions in the company’s franchise agreements violate the antitrust laws, holding that such...more

Ballard Spahr LLP

California federal court denies arbitration motion in Ticketmaster case

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We previously wrote about a Ninth Circuit appeal dealing with the use of bellwether procedures to resolve mass arbitration claims brought by thousands of customers against Verizon Wireless. That appeal remains pending and is...more

Proskauer Rose LLP

The Potential Antitrust Impact Of High Court Section 230 Case

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Section 230 of the Communications Decency Act was originally thought of as "force for securing decency on the Internet," as the late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit explained in a...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

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Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

McDermott Will & Emery

Fifth Circuit Takes U-Turn, But Still Concludes Automotive Supplier Can’t Force SEP Holder to Issue License

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In response to a petition for panel rehearing, the US Court of Appeals for the Fifth Circuit withdrew its prior decision finding that an automotive parts supplier did not have constitutional standing to pursue an antitrust...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Denies Sherman Act Challenge To No-Poach Provision

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. v. AMN Healthcare, Inc. affirmed the grant of summary judgment in favor of AMN, finding that the...more

BakerHostetler

Appellate Hot Potato: Which Circuit Court Will Hear a ‘Walker Process’ Appeal?

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In the latest round of appellate hot potato, the U.S. Court of Appeals for the Federal Circuit transferred to the U.S. Court of Appeals for the Fifth Circuit an appeal from a decision by the U.S. District Court for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Scrap Metal Recycling/Scrapped Vehicles: Federal Appellate Court Addresses Antitrust Challenge to City of Milwaukee Contract

The United States Court of Appeals for the Seventh Circuit (“Seventh Circuit”) addressed in a June 24th Opinion issues arising out of a federal antitrust lawsuit involving the scrap metal recycling business. An antitrust...more

McDermott Will & Emery

Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims

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The US Court of Appeals for the Federal Circuit ordered the transfer of a case asserting standalone Walker Process antitrust claims involving an unenforceable patent to the regional circuit, in this case the US Court of...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

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