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State Antitrust Claims

Wilson Sonsini Goodrich & Rosati

California Considers Expanding State Antitrust Prohibitions

Big changes to California’s state antitrust law, called the Cartwright Act, may be in the works. These changes, if enacted, would represent a significant departure from current antitrust law, prohibiting otherwise lawful...more

DarrowEverett LLP

Litigation Financier’s Battle Against Sysco Provides Food for Thought

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Cloaked in secrecy, neither the terms of litigation financing agreements nor the attendant scuffles between financier and claimant, are typically aired in public. That changed for about four months of 2023, during which...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . Section 337 Cases at the International Trade Commission

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The United States International Trade Commission (ITC) is a fast-paced, high-stakes forum for companies with significant U.S. operations and/or U.S. intellectual property rights. Broad in scope, Section 337 empowers the ITC...more

BakerHostetler

Report from the 2023 ABA Antitrust Section Annual Conference - Criminal Updates and Developments

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In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more

Sheppard Mullin Richter & Hampton LLP

California Jury Awards Millions to Cannabis Company in Antitrust Case

A California jury last week handed down what has been reported to be the first antitrust jury verdict involving the cannabis industry.  As the cannabis industry continues to grow and evolve, cannabis-related antitrust...more

Husch Blackwell LLP

Fifth Circuit Denies Antitrust Immunity To Texas River Authority

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Key points: •The Fifth Circuit rejects river authority’s claims of immunity on an antitrust claim brought by two private water utility companies. •In a break from other circuits, Fifth Circuit will hear interlocutory...more

Cozen O'Connor

Full Slate Of State Attorneys General Urges Congress To Strengthen State Antitrust Enforcement Abilities

Cozen O'Connor on

The National Association of Attorneys General (“NAAG”) sent a letter to Congress, signed by a bipartisan group of 52 AGs, calling on legislators to provide state AGs with the same venue selection rights as federal agencies by...more

McDermott Will & Emery

Federal Circuit Lacks Appellate Jurisdiction over Standalone Walker Process Claims

McDermott Will & Emery on

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

Troutman Pepper

Illinois Brick Simplified: U.S. Supreme Court Rules That Purchasers from iPhone App Store Can Sue Apple Despite the Fact that...

Troutman Pepper on

On May 13, 2019, in a 5-4 decision, the U.S. Supreme Court rejected the views of the U.S. Solicitor General, the Department of Justice’s Antitrust Division, and the Federal Trade Commission when it kept alive a putative class...more

Holland & Knight LLP

Trump DOJ’s Antitrust Enforcement Policies Are Predictably Unpredictable

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More than 40 years ago, the Supreme Court determined that efficient enforcement of the Sherman Act required a bright-line rule, with very limited exceptions, barring antitrust claims by "indirect purchasers"—end customers who...more

Akerman LLP - Health Law Rx

Outpatient Surgery Center Avoids Dismissal of Antitrust Action Through an Assist from the DOJ

In 2012, Marion Healthcare, an outpatient surgery center in southern Illinois, commenced an antitrust action against Southern Illinois Healthcare (“SIH”), a multi-hospital system operating in the same market....more

Patterson Belknap Webb & Tyler LLP

DOJ Antitrust Division Mulls Changes to Indirect Purchaser Rules

This blog has discussed some of the dynamics created by the Supreme Court’s Hanover Shoe and Illinois Brick decisions and state “repealer” laws that attempt to undo their effect. As it turns out, repealer states aren’t the...more

Mintz - Health Care Viewpoints

Tennessee Department of Health Grants COPA Request for Health Care Alliance

On September 19, 2017, the Tennessee Department of Health (“TDOH”) granted the request for a Certificate of Public Advantage (“COPA”) from Wellmont Health System and Mountain States Health Alliance. This approval paves the...more

Mintz

Washington State AG Alleges Price Fixing and Sues to Break Up Rapidly Expanding Health System

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After five years of growth through a series of acquisitions, the Washington State Attorney General’s office filed a lawsuit to thwart and unwind the most recent expansion efforts of Franciscan Health System (“CHI Franciscan”)...more

Hogan Lovells

"I want my money back!" – Cartel damages claims after the 9th reform of the German Competition Act

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One of the primary aspects covered by the 9th reform of the German Competition Act that has just entered into effect is the transposition of the EU Cartel Damages Directive into German law. The preparatory works in the draft...more

Patterson Belknap Webb & Tyler LLP

Choice-of-Law Rules Prevent Costco from Suing as Indirect Purchaser in California

In another development in the ongoing cathode ray tube (CRT) multidistrict litigation, Judge Tigar of the Northern District of California ruled that Costco could not recover any damages it sustained as an indirect purchaser...more

BakerHostetler

Antitrust: “Doctor, Doctor, Give Me the News”* Court gives Teladoc some good news in its antitrust challenge to Texas Medical...

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Back in April 2015, Teladoc, Inc., which provides U.S. board-certified doctors for consults via phone or online video, filed an antitrust challenge to stop a new Texas Medical Board (TMB) rule from taking effect that requires...more

K&L Gates LLP

Shipping Act Antitrust Exemption Held for the First Time to Preempt State Antitrust Laws

K&L Gates LLP on

For the first time, a federal court has held that the Shipping Act of 1984, 46 U.S.C. §§ 40101–41309 (Shipping Act), preempts state-law antitrust claims. The federal district court in New Jersey applied conflict preemption...more

Baker Donelson

Auto Insurers Score Another Victory in the Auto Body Shop Antitrust Litigation

Baker Donelson on

On August 17, United States District Judge Greg Presnell (M.D. Fla.) handed the auto insurer defendants in the In re Auto Body Antitrust Litigation another significant victory, confirming a "Report and Recommendation" by...more

Farella Braun + Martel LLP

Major League Baseball Is Exempt From The Antitrust Laws – Like It Or Not: The “Unrealistic,” “Inconsistent,” And “Illogical”...

The Athletics baseball team has been located in Oakland, California for many years. Several years ago, the A’s decided they would like to move their franchise to San Jose, which they anticipate would be a more profitable...more

Tucker Arensberg, P.C.

TELADOC Sues Texas Over Telehealth Restraint

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The Texas Medical Board recently adopted a new rule requiring face to face encounters by physicians with patients before prescribing medication. Teladoc has sued the Texas Medical Board in Federal Court alleging restraint of...more

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