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Antitrust Today

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...

Tagged in: Antitrust Litigation,

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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...

Tagged in: Antitrust Enforcement, Antitrust Litigation, International Competition Issues,

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

Posted  04/11/19
By Ethan E. Litwin, 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 action in the U.S. District Court for the...

Tagged in: Antitrust Enforcement,

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

Posted  04/10/19
By Ethan E. Litwin, 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...

Tagged in: Antitrust Enforcement,

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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...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Constantine Cannon Marks Its First 25 Years

Posted  04/8/19
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...
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The Antitrust Week In Review

Posted  04/1/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Warren, Klobuchar Agree on Breaking Up Big Ag.  Democratic presidential contenders Elizabeth Warren and Amy Klobuchar expressed support Saturday for strengthening antitrust laws and enforcement to break up big agriculture monopolies. "You've got these giant corporations that are making bigger and bigger...

Tagged in: Antitrust Enforcement, Antitrust Litigation, International Competition Issues,

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The Antitrust Week In Review

Posted  03/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. N.C.A.A. Appeals Latest Antitrust Ruling.  The N.C.A.A. said on Saturday that it was appealing a Federal District Court’s decision this month that barring athletes from being paid beyond a scholarship and related costs violated antitrust law. “We believe, and the Supreme Court has recognized, that...

Tagged in: Antitrust Enforcement, Antitrust Litigation, International Competition Issues,

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

Posted  03/21/19
By Elizabeth Taras
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...
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