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Page 133 of 154

Supremes Take A Pass On Challenge To Patent Holders’ Payments To Generics

Posted  03/8/11
Patent holders seeking to settle patent infringement cases are breathing a little easier today as a result of yesterday’s decision by the Supreme Court not to review the ruling of the Second Circuit Court of Appeals in Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”). The Supreme Court thereby leaves undisturbed...

Feds Once Again Looking For Anticompetitive Worm In Apple

Posted  03/7/11
Apple has piqued the interest of antitrust enforcers – again. The U.S. Department of Justice and Federal Trade Commission are both interested in exploring whether Apple is now running afoul of antitrust laws by funneling media companies' customers into the payment system for its iTunes store. In the past year, the cutting edge computer maker has triggered government scrutiny for how it hires employees,...

First Circuit Finds Claims Of Gasoline Price-Fixing On Martha’s Vineyard Running On Empty

Posted  03/3/11
Rejecting claims of a horizontal price-fixing conspiracy, the U.S. Court of Appeals for the First Circuit has affirmed summary judgment against a class of Martha’s Vineyard residents suing gas station owners on the picturesque, emphatically low-key island that is best known as a summer colony. The appeals court held that the plaintiffs in White v. R.M. Packer Co., Inc., failed to raise any fact question as to...

32 State Attorneys General Ask The Supreme Court To Overturn The Second Circuit's Legal Standard Governing Reverse Payments

Posted  02/28/11
In January, 32 state attorneys general filed an amicus brief in the U.S. Supreme Court, urging the Court to hear and overturn Arkansas Carpenters Health and Welfare Fund v. Bayer AG (In re Ciprofloxacin Hydrochloride Antitrust Litig.), 05-2851-cv(L) (2d Cir. 2010) (“Cipro”).  In Cipro, the Second Circuit affirmed its legal standard governing so-called "reverse payments," which are payments by a brand name drug...

Accountable Care Organizations, Unaccountable To Antitrust Law?

Posted  02/23/11
The Affordable Care Act provides for the creation of Accountable Care Organizations (“ACOs”), organizations of healthcare providers that agree to be held accountable for the cost and quality of care provided to Medicare beneficiaries.  Beginning in January 2012, Medicare will reward ACOs for meeting certain benchmarks set by the Secretary of Health and Human Services.  As a result, many healthcare providers that...

Lightening Strikes: In A First, NY Electric Company To Give Up Profits In Antitrust Settlement

Posted  02/22/11
A judge in the Southern District of New York has approved a settlement agreement between the Department of Justice and KeySpan Corporation (“KeySpan”) in which KeySpan agreed to disgorge $12 million of profits for alleged violations of Sherman Act Section 1.  KeySpan was once the largest seller of electricity generating capacity in New York City and is owned by National Grid, which purchased it in 2007. The...

Antitrust Stock Set To Rise? Governments To Review Massive Stock Market Merger

Posted  02/17/11
The parent company of the New York Stock Exchange, NYSE Euronext, has agreed to merge with Deutsche Boerse, the operator of the Frankfurt stock exchange.  In an all-stock deal worth more than $10 billion, Deutsche Boerse will own a majority 60 percent of the new company, and NYSE Euronext shareholders will own 40 percent.  The merger, if approved, would create the world’s largest financial exchange operator and...

Ninth Circuit Gives Supermarkets Coupon For Second Bite At The Antitrust Apple

Posted  02/16/11
California’s largest supermarkets will have another chance to argue that actions they took in response to a labor strike did not violate antitrust laws.  This second bite at the apple comes courtesy of the Ninth Circuit which, on February 11, granted an en banc hearing to reconsider the initial panel’s decision against the supermarkets. In the case, California sued the state’s three largest supermarkets:...

Package Deal By FedEx And UPS?

Posted  02/9/11
According to media reports, the DOJ Antitrust Division is investigating accusations that UPS and FedEx colluded to freeze third-party shipping consultants out of the their shipping businesses.  The reports indicate that Justice has opened an investigation into possible collusion between FedEx and UPS, the two largest companies in the package shipping world. This investigation would come on the heels of a private...

Electronic Payments 2011: The Winds of Change / A Call to Action

Posted  02/9/11
CC Attorneys W. Stephen Cannon, Richard O. Levine
Steve Cannon and Richard O. Levine participated on a panel of the 2011 Hospitality Law Conference concerning recent legal and regulatory developments affecting the relationship between merchants and payment card networks.  download PDF
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