May 6, 2016

Third Circuit Shows No Love For Lovenox® Bundling Theory

By Ankur Kapoor

Citing the well-known maxim that the antitrust laws are concerned with “the protection of competition, not competitors,” the U.S. Court of Appeals for the Third Circuit on Wednesday affirmed summary judgment for Defendant Sanofi Aventis on Plaintiff Eisai, Inc.’s claim that Sanofi foreclosed competition in the market for anticoagulant drugs administered in hospitals.

Eisai alleged that Sanofi dominated that market with its Lovenox® product.  In addition to being FDA-approved for the treatment and prevention of deep-vein thrombosis (DVT), a potentially life-threatening condition in which a blood clot (thrombus) could break loose and into the bloodstream, Lovenox® is FDA-approved for six other indications, including the treatment of severe forms of heart attack.  Eisai’s Fragmin® competes with Lovenox® for treatment of DVT and is approved for four other indications, but not for treatment of severe forms of heart attack.  According to the court, there are two other injectable anticoagulants in the relevant product market: LEO Pharma’s Innohep® and GlaxoSmithKline’s Arixtra®.

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Categories: Antitrust and Intellectual Property Law, Antitrust Law and Monopolies, Antitrust Litigation

    September 14, 2015

    The Antitrust Week In Review

    Here are some of the developments in antitrust news this past week that we found interesting and are following.

    Banks to Settle With Investors in Suit Over Financial Crisis.  Twelve of the largest banks in the world are apparently on the verge of paying $1.865 billion to settle accusations that they illegally conspired to control a derivatives market that stood at the center of the financial crisis.  The banks have faced public criticism since the financial crisis for the opaque manner in which their traders bought and sold credit default swaps, a type of financial contract that allows investors to speculate and hedge against losses and that figured prominently in the crisis.

    U.S. doctors group says planned health mergers are anti-competitive.  The American Medical Association, the leading U.S. physicians’ organization, is arguing that two proposed mergers of U.S. health insurers worth tens of billions of dollars could lead to higher prices in 17 states for companies that buy insurance for their workers or people who buy their own insurance.  Aetna announced plans to buy smaller rival Humana in early July, and Anthem agreed to buy Cigna later that month.  Both mergers are being reviewed by the U.S. Department of Justice and state insurance officials.

    EU regulators to rule on $16.7 billion Intel, Altera deal by October 14.  European Union antitrust regulators will decide by Oct. 14 whether to clear U.S. chipmaker Intel’s $16.7 billion bid for Altera Corp, its largest ever deal.  The EU competition authority can either clear the deal with or without conditions in a preliminary review or open a full-scale investigation.

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    Categories: Antitrust Law and Monopolies, Antitrust Litigation, International Competition Issues

      July 20, 2015

      The Antitrust Week In Review

      Here are some of the developments in antitrust news this past week that we found interesting and are following.

      Accusing Amazon of Antitrust Violations, Authors and Booksellers Demand Inquiry.  Five years after Amazon asked antitrust regulators to investigate leading publishers, groups representing thousands of authors, agents and independent booksellers are asking the United States Department of Justice to examine Amazon for antitrust violations.  The Authors Guild, the American Booksellers Association, the Association of Authors’ Representatives and Authors United said in letters and statements to the Justice Department that “Amazon has used its dominance in ways that we believe harm the interests of America’s readers, impoverish the book industry as a whole, damage the careers of (and generate fear among) many authors, and impede the free flow of ideas in our society.”

      U.S. consumer groups oppose Teva bid for generic drug rival Mylan.  A proposed merger of the two largest U.S. generic drug makers is drawing fire from Consumers Union and seven other groups, who are asking antitrust enforcers to stop Teva Pharmaceutical Industries Ltd’s proposal to purchase Mylan NV, saying it would lead to higher prices and more drug shortages.  Although there is no deal yet, the groups are concerned about recent takeover efforts. In their letter to Federal Trade Commission Chairwoman Edith Ramirez, the groups urged the FTC to look at more than just overlapping drugs made by both companies, to determine if a merger of drug makers is legal.

      BRF, Vantage file antitrust suit against Willis-Knighton.  Biomedical Research Foundation and Louisiana insurer Vantage Health Plan are predicting “catastrophic” consequences to health care in northern Louisiana if Willis-Knighton Health System is allowed to strengthen what BRF and Vantage say is already a monopoly.  BRF and Vantage have filed an antitrust lawsuit in federal court to block what they allege is an anticompetitive scheme by Willis-Knighton Health System to steal commercially insured patients in Louisiana.

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      Categories: Antitrust Enforcement, Antitrust Law and Monopolies

        March 23, 2015

        The Antitrust Week In Review

        Here are some of the developments in antitrust news this past week that we found interesting and are following.

        Take Google to Court, Staff Report Urged F.T.C.  The Federal Trade Commission is facing renewed questions about its handling of its antitrust investigation into Google, after documents revealed that an internal report had recommended stronger action.  The 2012 report, from the FTC’s bureau of competition, recommended suing the Internet search giant for anticompetitive practices, according to anonymous sources who saw the report.  In early 2013, the FTC voted unanimously against bringing charges after an investigation.  Google’s critics and competitors are arguing that the FTC failed to take appropriate action, and are urging the European Union to take action to rein in Google.

        Tour Bus Companies Agree to Settle Antitrust Lawsuit.  Two of New York City’s biggest tour bus operators have agreed to pay $7.5 million and give up almost 50 of their stops in Manhattan to settle antitrust claims brought by the U.S. Department of Justice and the New York State Attorney General.  The proposed settlement could reshape an industry that was allegedly monopolized after the two companies, City Sights and Gray Line New York, formed a joint venture called Twin America.

        Sysco, FTC Battle Over What Stays Secret in Antitrust Tussle.  Sysco is accusing the Federal Trade Commission of failing to provide necessary information about its witnesses in advance of a hearing that will be crucial in determining whether the food distributor can rescue its merger with rival US Foods Inc.  The FTC filed a lawsuit in February asking the U.S. District Court for the District of Columbia for a preliminary injunction blocking the $3.5 billion merger while an FTC administrative law judge holds a parallel proceeding to determine if the deal should be scrapped.

         

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        Categories: Antitrust Law and Monopolies, Antitrust Litigation, International Competition Issues

          February 3, 2015

          Sysco May Be Selling “Fix-it-First” To Save Food Distributors’ Merger, But FTC May Not Be Buying

          By Allison F. Sheedy

          Sysco Corp. announced a divestiture plan this week that it claims should address concerns of the Federal Trade Commission (the “FTC”) about the food behemoth’s proposed acquisition of US Foods, which would combine the two largest food distributors in the United States.

          Sysco, the nation’s largest food distributor, said on Monday that it is prepared to sell 11 US Foods distribution centers in the West and Midwest to smaller competitor Performance Foods Group, should the FTC approve its pending deal, which would give Sysco more than 25% of the national market, before divestitures, in the business of buying food and other supplies and selling them to restaurants, hospitals and other institutions. The company has been in discussions with the FTC for over a year with no resolution in sight. What does this proposed divestiture mean for the deal?

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          Categories: Antitrust Enforcement, Antitrust Law and Monopolies

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