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The Antitrust Week In Review

Posted  05/6/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Facebook Faces a Big Penalty, but Regulators Are Split Over How Big.  Facebook’s announcement in late April that it had set aside $3 billion to $5 billion to settle claims that it mishandled users’ personal data suggested a strong consensus by federal regulators that the social media giant needed to...

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

Posted  05/3/19
By James J. Kovacs
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...

The Antitrust Week In Review

Posted  04/29/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Apple Cracks Down on Apps That Fight iPhone Addiction.  They all tell a similar story: They ran apps that helped people limit the time they and their children spent on iPhones. Then Apple created its own screen-time tracker. And then Apple made staying in business very, very difficult. Over the past...

The Antitrust Week In Review

Posted  04/22/19
Here are some of the developments in antitrust news this past week that we found interesting and are following.. Apple and Qualcomm Settle All Disputes Worldwide.  For the past two years, Apple and Qualcomm have dueled on three continents over the division of billions of dollars of smartphone profits and even how much consumers pay for their phones. On Tuesday, just as a trial had begun in a federal courtroom in...

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

Posted  04/18/19
By James J. Kovacs
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...

The Antitrust Week In Review

Posted  04/15/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Apple and Qualcomm’s Global Fight Heads to Court in San Diego.  Nasty legal battles are nothing new in the tech industry. But Apple’s conflict with the wireless chip maker Qualcomm, headed for a crucial court showdown this coming week, has a special intensity. The two companies, once partners of a...

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

Posted  04/11/19
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

Posted  04/10/19
By Jeffrey I. Shinder
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

Posted  04/10/19
By J. Wyatt Fore
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...

The Antitrust Week In Review

Posted  04/9/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Netflix looms large as theater owners assess industry future.  As movie theater owners converge on Las Vegas for their annual convention, one topic that keeps coming up is how they contend with a company that has resisted their traditional business model: Netflix Inc. The world’s most successful...
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