The US Department of Justice (DOJ) filed a complaint and proposed consent decree alleging that Legends Hospitality Parent Holdings prematurely acquired beneficial ownership – often referred to as “gun jumping” – in connection...more
On August 23, 2024, the Department of Justice (DOJ) sued real estate software company RealPage alleging the company’s software reduces competition between landlords, resulting in inflated rents and less favorable lease terms...more
In summer 2023, fans of Taylor Swift made international headlines when they took to social media to express their outrage at the ticket-buying experience for “The Eras Tour.” Fans of many artists have expressed their strong...more
Over the last eight months, the US Federal Trade Commission (FTC) has focused on what it characterizes as “improper” Orange Book listings and the impacts of such listings on generic entry....more
The US Federal Trade Commission (FTC) sent letters on November 7, 2023, accusing 10 companies of improperly listing drug delivery device patents in the US Food and Drug Administration (FDA) Orange Book, stating that the FTC...more
The US Federal Trade Commission (FTC) recently issued a policy statement “to put market participants on notice that the FTC intends to scrutinize improper Orange Book listings” and take “actions against companies and...more
In April 2022, Assistant Attorney General Jonathan Kanter, head of the US Department of Justice’s Antitrust Division, fired a warning shot to companies: “For too long, our Section 8 enforcement has essentially been limited to...more
On September 29, 2022, the Federal Trade Commission – alongside a bipartisan coalition of 10 state attorneys general – sued Corteva and Syngenta, challenging “loyalty programs” pursuant to which two of the largest pesticide...more
COVID-19 has disrupted supply and demand for public health products and other essential goods and services. In response to surging demand, prices for many of these items have increased sharply. These increases have drawn...more
The DOJ's Antitrust Division has signaled it will step up enforcement in response to COVID-19. While pandemics and Sherman Act investigations may not seem like the most intuitive pairing, it actually fits a historic pattern...more
In the wake of record-setting volume and value metrics in 2018, practitioners eyed the 2019 deal market with healthy skepticism. Despite a slight downward tick in momentum and overall deal statistics, 2019 remained a robust,...more
2019 was a banner year for billion-dollar life sciences M&A transactions. A wave of big-ticket transactions by global pharmaceutical companies drove life sciences M&A activity to its fourth-largest year on record in 2019,...more
As 2019 kicks off, the Cooley antitrust group highlights 10 recent developments and trends corporate counsel should be aware of – from the US Supreme Court and lower courts, the Department of Justice and Federal Trade...more
1/10/2019
/ Antitrust Division ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
FRAND ,
Mergers ,
Patents ,
Popular ,
Sherman Act ,
The Clayton Act ,
UK Brexit
Biologic drug makers will soon have to alert the Federal Trade Commission and Department of Justice of agreements, including patent litigation settlements, they reach with biosimilar applicants. The new reporting requirement...more
Attention in the US during 2016 will be on the presidential campaign, and the election in November will bring a change in the "antitrust guard" at the top of the DOJ and FTC – even if a Democrat wins – that will drive the...more
1/12/2016
/ China ,
Corporate Counsel ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Disgorgement ,
Drug Pricing ,
EU ,
European Commission ,
Federal Trade Commission (FTC) ,
FRAND ,
Mergers ,
MOFCOM ,
Patent Assertion Entities ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Price-Fixing ,
Standard Essential Patents ,
Technology Sector
Recent antitrust challenges to pharmaceutical companies' efforts to transition patients from drugs nearing the end of their patent life to next-generation drugs have increased the risk of pursuing such "product hopping"...more
In a rare appellate opinion addressing the merits of a merger challenge, the Ninth Circuit last month sided with the Federal Trade Commission, finding that a 2012 merger of two health care providers in Idaho was likely to...more