The Federal Trade Commission (FTC) has released a new Policy Statement addressing one of its long-standing concerns in the pharmaceutical industry: the improper listing of patents in the Orange Book. In an open meeting of the...more
10/6/2023
/ Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
FTC Act ,
Generic Drugs ,
Hatch-Waxman ,
Life Sciences ,
Orange Book ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Policy Statement ,
Prescription Drugs ,
Statutory Violations
Over the past several years, the Democratic commissioners of the U.S. Federal Trade Commission (FTC) have made clear their dissatisfaction with the agency’s historic treatment of pharmaceutical mergers. Now, it appears that...more
Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more
On July 11, the U.S. Department of Justice rolled out a new policy to encourage stronger corporate antitrust compliance efforts. Announced by DOJ Antitrust Division head Makan Delrahim in remarks at the New York University...more
7/18/2019
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Compliance Management Systems ,
Corporate Culture ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Leniency Programs ,
Regulatory Reform ,
Rulemaking Process ,
White Collar Crimes
An en banc Ninth Circuit recently reinstated a nationwide class settlement that resolved consumer claims related to several of Hyundai’s and Kia’s advertised fuel economy standards. Joining several other circuits, the court...more
6/27/2019
/ Automotive Industry ,
Choice-of-Law ,
Class Certification ,
Consumer Protection Laws ,
Corporate Counsel ,
En Banc Review ,
Fuel Efficiency ,
Fuel Standards ,
Hyundai ,
Kia ,
Multidistrict Litigation ,
Putative Class Actions ,
Settlement
The hazy analytical framework for “bundling” cases has come into sharper focus, potentially making it harder for plaintiffs to prevail in certain antitrust cases. ...more
What does in-house counsel need to consider when reviewing pricing and marketing decisions in a dual-distribution system? The internet can extend the geographic reach of your product, but what issues must in-house counsel...more
Antitrust class action price-fixing claims are among the most costly corporate litigation your company or client can face. In many cases, plaintiffs seek to plead and prove the alleged cartel through alleged indirect...more
The Third Circuit held that in antitrust cases involving concentrated markets, courts must carefully consider the nature of the industry and whether the actions of defendants can be equally attributed to independent conduct...more