Antitrust Insights and Analysis

The FTC’s Victory in the Qualcomm Case Highlights the Big Competition-Policy Issue at the Center of the DOJ’s and FTC’s Tiny Spat

A San Francisco federal court ruled yesterday that Qualcomm’s decades-long “no license, no chips” business practices violated federal antitrust law. The case promises to be a watershed moment for what it means for tech companies to license standard-essential patents on a fair, reasonable, and non-discriminatory (“FRAND”) basis. Judge Lucy Koh’s decision is also likely to be a watershed moment for what...

Will Apple’s Crackdown On Third-Party Apps Continue With iOS 13?

Over the past year, Apple has removed or imposed restrictions on at least 11 of the 17 most downloaded screen-time and parental-control apps on the iOS App Store. Apple began its “crackdown” on this category of apps around the same time it released iOS 12, which introduced Apple’s own screen-time tracking tool, Screen Time. Next month, Apple will debut iOS 13. Bloomberg, CNET, and others have already provided...

Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule

The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or apps. The Court ruled in favor of the plaintiffs, holding that iPhone owners have standing to pursue a claim for damages against Apple under the federal antitrust laws. The decision has significant implications in terms of both...

Federal Court Extends Tunney Act Review to Embrace Mini-Trial on DOJ Settlement of CVS-Aetna Merger

In a rather extraordinary move, United States District Court Judge Richard J. Leon has ordered a mini-trial to determine whether the  U.S. Department of Justice (“DOJ”) settlement green-lighting the merger of CVS Health and Aetna is in the public interest. To date, no federal court has ordered a Tunney Act hearing with testimony from various concerned non-parties.  While it remains to be seen whether the...

Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims

Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful. Recently-filed antitrust lawsuits against AbbVie, manufacturer of a leading biologic drug, Humira, and numerous biosimilar manufacturers are alleging that settlements between the AbbVie and various biosimilar...

Duke Settles Class Action Alleging “No-Poach” Conspiracy with UNC

By Ethan E. Litwin and J. Wyatt Fore -- While Duke University and the University of North Carolina (“UNC”) may be fierce sporting rivals on “Tobacco Road,” their alleged agreement not to compete for medical school faculty demonstrates how easily competing employers can find themselves ensnared in an antirust briar patch. It is now being reported that Duke has settled Seaman v. Duke University, a class...

Visa’s Proposed Acquisition of Earthport – A Good Test for Antitrust in the 21st Century

As the 2020 Presidential election begins to heat up, something unusual is happening – antitrust policy is being bandied about as an election issue.  The reason for this is simple.  We live in an era of increasing concentrations of wealth and industrial power.  While the impulse to look at antitrust as part of the solution makes perfect sense, many of the proposals on the table, including the suggestion by one...

Avoiding the Antitrust Pitfalls of No-Poach Agreements: Frequently Asked Questions and Answers

As federal antitrust enforcers have targeted so-called “no-poach” agreements in recent years, it has become increasingly important for employers in all industries to learn about the risks of entering into agreements that limit their competition for employees.  Here are the answers to some of the frequently asked questions about the exposure of such no-poach agreements to antitrust enforcement. We have prepared...

Constantine Cannon Marks Its First 25 Years

Constantine Cannon is celebrating the 25th anniversary of its founding. Constantine Cannon’s founder, Lloyd Constantine, reflected on what a fascinating quarter century it’s been for the firm and its attorneys in his personal blog, Hopelessly Liberal.  Given that the firm’s history includes many of the most notable antitrust cases of recent vintage, we are reposting Lloyd’s recap of our first 25 years in...

The Marathon Effort to Enact an Antitrust Whistleblower Statute is Still in the Race

Although proposed legislation to protect and to encourage antitrust whistleblowers has struggled for years to cross the finish line the U.S., there are signs this marathon effort may yet prove successful. While criminal prosecution of antitrust cartels is at the core of U.S. antitrust enforcement policy, there is a missing link in that policy.  If you are a member of an antitrust cartel, the law allows you to...