Now more than a month into President Trump’s second term, the Administration’s antitrust enforcement priorities have begun to take shape. Recent actions indicate that the Federal Trade Commission (FTC) and Antitrust Division...more
On January 16, 2025, the Federal Trade Commission (FTC) Bureau of Competition published four reports on pharmaceutical patent settlement agreements filed under the Medicare Prescription Drug, Improvement, and Modernization...more
2025 promises a dynamic and challenging year for businesses as key antitrust cases set new precedent, private antitrust litigation will intensify, and legal battles evolve. In this first installment of the Wilson Sonsini...more
1/17/2025
/ Antitrust Litigation ,
Class Action ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Mergers ,
Monopolization ,
Online Platforms ,
Sherman Act
For over 20 years, federal antitrust enforcers have provided guidelines to companies doing business in the United States as to when the enforcers believe competitor collaborations are anticompetitive. Following the most...more
Another court has allowed antitrust claims to proceed against competitors that use the same revenue management software. The case involves competitors in the real estate industry, but the takeaway is the same for any...more
12/10/2024
/ Algorithms ,
Antitrust Litigation ,
Antitrust Provisions ,
Competition ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Landlords ,
Property Management Companies ,
Real Estate Professionals ,
Sherman Act ,
Software ,
Software Developers
The U.S. Department of Justice (DOJ) sent a strong message recently about information exchanges. In a “Statement of Interest” filed on October 1, 2024, the DOJ stated that "standalone information sharing … can undermine the...more
On August 23, 2024, the U.S. Department of Justice (DOJ) and eight states filed a complaint in federal court in North Carolina alleging that RealPage, a software analytics company, coordinated rental prices in the real estate...more
8/27/2024
/ Algorithms ,
Anti-Competitive ,
Antitrust Violations ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Landlords ,
Monopolization ,
Property Owners ,
Real Estate Market ,
Sherman Act ,
Software
On September 22, 2023, the U.S. Department of Justice (DOJ) announced that it was partnering with Mexico’s Federal Economic Competition Commission and Canada’s Competition Bureau on a new joint initiative to “deter, detect...more
On December 1, 2023, the Federal Rules of Evidence (FRE) 702 will undergo several changes designed to reinforce federal judges’ role as gatekeepers for admitting expert testimony. The changes reinforce the preponderance of...more
On June 30, 2023, a jury in the Northern District of California found Gilead and Teva not liable in a trial accusing the companies of engaging in an illegal reverse payment to delay generic versions of two HIV drugs, Truvada...more
7/6/2023
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Generic Drugs ,
HIV ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
Reverse Payments
The Seventh Circuit recently confirmed that Actavis is the appropriate framework to assess biosimilar patent settlements, despite the differences in the regulatory structure—the first appellate court ruling on this issue. In...more
Wilson Sonsini is pleased to present the latest edition of The Life Sciences Report. This issue features an interview with Foresight Diagnostics co-founder and CEO Jake Chabon conducted by Matthew Meyer, the firm’s Chief...more
The Ninth Circuit has held that a putative class of nationwide consumers that brought damages claims under California law was erroneously certified. Until now, class actions asserting claims for plaintiffs across the country...more
10/13/2021
/ Anti-Competitive ,
Apple ,
Cartwright Act ,
Cell Phones ,
Damages ,
Direct Purchasers ,
Illinois Brick ,
Indirect Purchasers ,
IP License ,
Motion to Dismiss ,
Price-Fixing ,
Qualcomm ,
Section 2 ,
Semiconductors ,
Sherman Act
On June 11, 2021, the U.S. Court of Appeals for the Second Circuit dismissed the Federal Trade Commission (FTC)'s administrative order against 1-800 Contacts Inc., the nation's largest online retailer of contact lenses. The...more
On April 13, 2021, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Impax Laboratories, Inc v. Federal Trade Commission, affirming the Federal Trade Commission's (FTC) unanimous decision that Endo...more
The Department of Justice Antitrust Division's (DOJ's) investigation into the generic pharmaceutical industry may be expanding. On March 15, 2015, a third generic manufacturer disclosed that it received a subpoena from the...more