On March 28, 2024, the U.S. Department of Justice Antitrust Division and the Federal Trade Commission (“the agencies”) jointly submitted a Statement of Interest on behalf of the United States in Cornish-Adebiyi v. Caesars...more
On April 29, 2024, a federal judge in the Southern District of Ohio dismissed a lawsuit brought by a group of physicians accusing the health-care provider Adena Health System of anticompetitive conduct, including through the...more
Commissioner Alvaro M. Bedoya of the Federal Trade Commission recently addressed a key tension brewing in the consumer protection and antitrust spaces since the rise of the app-based gig economy: whether gig workers...more
On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an appellate court has weighed in on the merits of a so-called reverse payment case...more
Stop me if you’ve heard this one before: the FTC is suing pharmaceutical manufacturers Endo and Impax over an alleged “reverse payment” agreement to reduce competition in the market for Opana ER, an oxymorphone extended...more
On June 9, the United States Court of Appeals for the Fifth Circuit heard oral argument in Impax Laboratories, Inc., Etc. v. Federal Trade Commission. The appeal by pharmaceutical manufacturer Impax marks the first time a...more
2019 witnessed a number of developments in challenges to reverse-payment settlements. In its first decision on a pay-for-delay settlement since the Supreme Court’s seminal 2013 decision in FTC v. Actavis, the FTC took an...more
U.S. lawmakers, regulators, and agencies charged with antitrust oversight have long been criticized for failing to act on alleged anticompetitive activity by the world’s largest technology companies—the so-called “Big Four”...more
European competition authorities announced this week an investigation into Aspen Pharmacare’s recent price hikes of five cancer drugs. The European Commission said in a press release that it had “information indicating that...more
5/22/2017
/ Antitrust Provisions ,
Antitrust Violations ,
Competition Authorities ,
Department of Justice (DOJ) ,
Drug Pricing ,
EU ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Popular ,
South Africa
On August 12, the Seventh Circuit issued its decision in Woodman’s Food Market v. Clorox Co., an appeal that we have been watching closely. The Seventh Circuit’s ruling, which held that product package size is not a...more
8/31/2016
/ Agency Deference ,
Bulk Purchasing ,
Clorox ,
Corporate Counsel ,
Federal Trade Commission (FTC) ,
Manufacturers ,
Motion to Dismiss ,
Price Discrimination ,
Retail Market ,
Robinson-Patman Act ,
Wholesale
On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more
8/25/2016
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Generic Drugs ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Prescription Drugs ,
Reverse Payments ,
Rule-of-Reason Analysis
The Antitrust Division recently issued its 2016 annual spring update.
Taking advantage of modern technology, Bill Baer—now the Acting Associate Attorney General serving in the DOJ’s third-highest ranking...more
5/27/2016
/ Acquisitions ,
Antitrust Division ,
Bid Rigging ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Guilty Pleas ,
Intellectual Property Protection ,
International Litigation ,
Mergers ,
Price-Fixing
This week, the Seventh Circuit heard argument in the Woodman’s Food Market v. Clorox Co. appeal. As members of our team have previously reported, this case concerns whether a plaintiff can state a claim under Section 2(e) of...more
Last week the Federal Trade Commission, in an amicus brief before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co., rejected two decades-old FTC decisions applying Section 2(e) of the Robinson-Patman Act....more
Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more
10/19/2015
/ Anti-Competitive ,
Attorney General ,
Duty to Deal ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Monopolization ,
Mylan Pharmaceuticals ,
Patent Litigation ,
Pharmaceutical Distribution ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Wholesale
The FTC’s Bureau of Competition recently issued new “Best Practices” guidance for parties involved in merger investigations. This is the Commission’s first guidance on the merger review process since the Merger Process...more
In June, the U.S. Food and Drug Administration (the "FDA") announced that by the end of the year, the agency would issue a draft guidance document addressing the contours of lawful and unlawful off-label promotion. The...more
7/17/2014
/ Draft Guidance ,
Enforcement ,
Federal Trade Commission (FTC) ,
Financial Conduct Authority (FCA) ,
Food and Drug Administration (FDA) ,
Healthcare ,
Medical Devices ,
Off-Label Promotion ,
Off-Label Use ,
Pharmaceutical Industry ,
Securities and Exchange Commission (SEC)