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Page 144 of 155

Second Circuit Hints At Reversing Course On Reverse Payments

Posted  05/4/10
Reverse payment settlements, which have inhibited the use of generic drugs, may be alive and well for now, but the United States Court of Appeals for the Second Circuit is recommending that unsuccessful plaintiffs challenging such a settlement seek a second opinion. On Thursday, a panel for the Second Circuit reluctantly upheld a so-called reverse payment settlement in In re Ciprofloxacin Hydrochloride Antitrust...

Tagged in: Antitrust Enforcement, Intellectual Property Law and Antitrust,

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Feds Flex Their Flexibility In Revised Merger Guidelines

Posted  04/29/10
The U.S. Department of Justice and the Federal Trade Commission have released for public comment proposed revisions to the Horizontal Merger Guidelines that would reflect antitrust enforcers’ ever decreasing reliance on the bright-line tests that once dominated merger analysis. The proposed revisions would continue the long term trend of antitrust authorities exercising more flexibility and discretion in...

Tagged in: Antitrust Enforcement, Price Fixing,

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European Commission Enacts New Online Sales Rules

Posted  04/26/10
The European Commission has enacted highly anticipated antitrust rules regulating online sales. The rules clamp down on what the EC considers to be permissive distribution agreements that have arisen on occasion between goods manufacturers and resellers, and update regulations adopted prior to the massive growth in the last 10 years in commerce over the Internet. The new rules are primarily aimed at facilitating...

Tagged in: Antitrust Enforcement, Price Fixing,

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Sirius XM Seeks To Block Consumers’ Transmission Of Claims Across State Lines

Posted  04/23/10
Sirius XM Radio, the holding company for the two satellite radio services operating in the U.S., is asking a federal court in Manhattan to dismiss state claims being asserted by class action representatives who reside in other states. Sirius XM is asking Judge Harold Baer to rule that the class representatives do not have standing to assert claims based on the laws of states in which they do not reside in Blessing...

Tagged in: Antitrust Litigation,

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DOJ Targets Potential Collusion In High Tech Hiring

Posted  04/20/10
If you’ve ever wondered why Dilbert is still working for his insufferable pointy-haired boss, the answer could be collusive hiring practices at high tech companies. Recent news reports indicate the U.S. Department of Justice is ramping up its investigation into hiring practices at large U.S. tech companies.  The probe is looking into whether the companies' hiring practices are costing skilled computer engineers...

Tagged in: Antitrust Enforcement,

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FCC Not Likely To Surrender Following Comcast Defeat

Posted  04/14/10
The U.S. Court of Appeals for the District of Columbia decision in Comcast v. FCC – striking down the FCC’s Order prohibiting Comcast from discriminating against customers that download large video files – may seem like a significant defeat for the FCC, but it might turn out to be just the first skirmish in an escalating war. The Court’s decision dealt a decisive blow to an argument used (once too often) by...

Tagged in: Antitrust Enforcement, Antitrust Legislation,

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Senator Kohl Leery Of Google Gobbling Up AdMob

Posted  04/12/10
Google’s informal motto is “Don’t be evil.”  Whether or not it has breached that principle, the internet search and advertising giant may be about to run afoul of antitrust law, according to the Senate’s head antitrust watchdog. On Tuesday, Senator Herb Kohl, chair of the antitrust subcommittee of the Senate Judiciary Committee, asked the Federal Trade Commission to take a closer look at Google’s...

Tagged in: Antitrust Enforcement,

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Will Travel Agents’ Complaint Fly With Supreme Court?

Posted  04/7/10
Travel agents whose antitrust case against major airlines was grounded by a Court of Appeals’ application of the Supreme Court’s Twombly decision are hoping the Supreme Court will clear their complaint for takeoff. On March 22, 2010, 49 travel agencies accusing several major airlines of conspiring to fix base commission rates petitioned the United States Supreme Court to reverse the Sixth Circuit’s decision...

Tagged in: Price Fixing,

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Justice Scalia Supports Class Actions. Justice Ginsburg Doesn't. Really.

Posted  04/2/10
Despite a recent federal law that clamps down on class actions, the Supreme Court on Wednesday breathed new life into the viability of some such cases – and in their 70-some pages of opinions, scrambled the Court’s usual ideological lines. In the case, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co., No. 08-1008, a group of doctors sued an insurance company when it paid an insurance claim...

Tagged in: Antitrust Litigation,

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Senate Judiciary Committee Votes To Overturn Supreme Court On Resale Price Maintenance

Posted  03/26/10
The Senate Judiciary Committee has voted to overturn the Supreme Court decision that gave the green light to resale price maintenance. The Committee has passed S. 148, the “Discount Pricing Consumer Protection Act.”  This bill would reverse the Supreme Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 551 U.S. 887 (2007).  Leegin overruled a 1911 Supreme Court decision holding that...

Tagged in: Antitrust Legislation,

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