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Section 2 Sherman Act

Holland & Knight LLP

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

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Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

Carlton Fields

Rough Waters in the Expert “Hot Tub” - Court Throws Class Expert Overboard in Google Play Store Litigation

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One notable opportunity associated with antitrust class action practice is the expert “hot tub,” which generally speaking is an in-court, on-the-record “debate” between dueling economists, with the court, parties, and experts...more

Skadden, Arps, Slate, Meagher & Flom LLP

Is the DOJ’s First Criminal Monopolization Case in Decades More Bark Than Bite?

In October, the Department of Justice Antitrust Division announced its first criminal attempted monopolization charges in more than 40 years. In the case, U.S. v. Zito, Nathan Nephi Zito, the owner of a Montana paving...more

Cooley LLP

Business Owner Pleads Guilty to Attempted Monopolization in Violation of Section 2 of Sherman Act

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On October 31, the Antitrust Division of the US Department of Justice (DOJ) delivered on its promise to pursue criminal enforcement of Section 2 of the Sherman Act when it secured a guilty plea from a highway paving...more

Polsinelli

No Agreement? No Worries: Justice Department Secures Historic Criminal Attempted Monopolization Conviction

Polsinelli on

In yet another signal in support of the notion that “the era of lax enforcement is over, and the new era of vigorous and effective antitrust law enforcement has begun,” on October 31 the Antitrust Division of the Department...more

McDermott Will & Emery

[Webinar] 2022 Enforcement Outlook Series | Antitrust in the EU and US: Enforcement Trends and Risk Mitigation Strategies -...

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To help you stay up to date on the enforcement trends impacting your compliance strategy, McDermott is pleased to invite you to the 2022 Enforcement Outlook webinar series, which covers key areas of enforcement on a monthly...more

Robins Kaplan LLP

[Webinar] Health Care Antitrust Under President Biden 2.0 - Almost One Year In: What Have We Learned About The Democrats’ Approach...

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In March 2021, our experienced intellectual property, antitrust, and health care litigation lawyers shared some predictions on antitrust policy and enforcement in the health care sector. In “Health Care Antitrust under...more

Wilson Sonsini Goodrich & Rosati

Ninth Circuit Limits Ability of Indirect Purchaser Classes to Bring Nationwide Suits

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

The Volkov Law Group

Analysis of DOJ’s Antitrust Case Against Google (Part III of III)

The Volkov Law Group on

DOJ’s antitrust case against Google presents several interesting and difficult issues.  Google dominates the search engine market.  No one can question that.  But the question will eventually boil down to whether Google’s...more

The Volkov Law Group

Justice Department Files Antitrust Case Against Google Claiming Monopolization of the Search and Search Advertising Markets (Part...

The Volkov Law Group on

The Department of Justice and eleven state Attorneys General filed an antitrust case against Google in the United States Court for the District of Columbia.  DOJ’s filing was hurried at the behest of the Attorney General Bill...more

Kramer Levin Naftalis & Frankel LLP

United States v. Google: Market Impact and Private Antitrust Liability

The Government’s Antitrust Action Against Google - On Oct. 20, 2020, the Department of Justice (DOJ) and 11 state attorneys general filed a significant civil antitrust lawsuit against Google LLC in the District of Columbia...more

Cozen O'Connor

First Circuit Permits Antitrust Claims for Improperly Listing a Device Patent on the FDA’s Orange Book to Move Forward

Cozen O'Connor on

In a holding that could significantly broaden the antitrust inquiry in the context of the Hatch-Waxman regulatory scheme, on February 13, 2020, the U.S. Court of Appeals for the First Circuit issued an opinion that may have...more

Troutman Pepper

Federal Court Rejects Bundled Pricing Theory Endorsed by DOJ Antitrust Division

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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

Patterson Belknap Webb & Tyler LLP

Indirect Purchasers Cannot Sue Qualcomm Under Federal Law, But State Law Claims Survive

A federal judge in California has refused to allow indirect purchasers of semiconductor chips—i.e., cell phone consumers—to bring claims against Qualcomm under federal antitrust law....more

Perkins Coie

Ninth Circuit Refines Antitrust Standing Doctrine Under Illinois Brick

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The U.S. Court of Appeals for the Ninth Circuit recently addressed again when plaintiffs have standing to pursue federal antitrust claims under the U.S. Supreme Court’s landmark decision in Illinois Brick Co. v. Illinois, 431...more

McDermott Will & Emery

Appellate Court Weighs In on Pharmaceutical “Product Hopping” - People of the State of New York v. Actavis PLC

As the first court of appeals to address the issue of product hopping, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s grant of a preliminary injunction, finding that product hopping is...more

Mintz

Second Circuit Holds a Hard Switch Between Drugs Is an Unlawful Product Hop Under Section 2

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On May 22, 2015, in a much-watched case, the Second Circuit upheld a preliminary injunction against Actavis PLC and its wholly owned subsidiary, Forest Laboratories, LLC (collectively “Actavis” or “Forest”), finding that...more

Epstein Becker & Green

Federal Trade Commission Obtains a Near Record-Breaking Disgorgement in a Monopolization Case

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On April 20, 2015, the Federal Trade Commission (“FTC”) announced that Cardinal Health, Inc. (“Cardinal”), agreed to pay $26.8 million to resolve allegations that it violated Section 2 of the Sherman Act by monopolizing the...more

Parker Poe Adams & Bernstein LLP

Antitrust Violation Found "Fitting": Use of Exclusivity Program with Distributors in Pipe Fitting Market Found to Violate...

Government competition authorities in the United States are sometimes challenged, if not criticized, for not pursuing claims based on single firm conduct in maintaining a monopoly. The recent opinion of the United States...more

Patterson Belknap Webb & Tyler LLP

District Court Allows Monopolization Claims to Move Forward on Allegations of Direct Evidence of Monopoly Power

Traditionally, plaintiffs asserting claims under Sections 1 and 2 of the Sherman Act allege the existence of one or more product markets relevant to the defendants’ anticompetitive conduct and the defendants’ shares of those...more

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