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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...

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...

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...

The Antitrust Week In Review

Posted  03/11/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Trump’s impeachable antitrust power grab. In a Washington Post opinion piece, Constantine Cannon’s Harry Litman comments on a report by The New Yorker of President Trump’s role in the government’s suit to block the AT&T-Time Warner merger. As Litman notes, The New Yorker’s Jane Mayer has...

The Antitrust Week In Review

Posted  03/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. U.S. Justice Department will not appeal AT&T, Time Warner merger after court loss.  AT&T Inc, emerged victorious on Tuesday over the Trump administration’s drawn-out attempts to block its $85.4 billion purchase of Time Warner as the U.S. Justice Department said it would not fight an appeals court...

Court of Appeals’ Decision Upholding AT&T/Time Warner Merger Signals Hurdles in Vertical Merger Enforcement

Posted  02/26/19
By Gary J. Malone
Vertical mergers among high-tech companies likely became a bit easier today as the U.S. Court of Appeals for the D.C. Circuit rejected the U.S. Justice Department’s effort to overturn the district court ruling that gave a green light to AT&T’s acquisition of Time Warner. As this blog noted, the imminent appellate decision was much anticipated for the signals it would give as to the direction of vertical merger...

The Antitrust Week In Review

Posted  02/25/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. EU's Vestager says not precluding Facebook case in future.  Facebook is not currently in EU regulators’ crosshairs but it may well be in future because of the crucial role played by data, Europe’s antitrust chief said on Tuesday. European Competition Commissioner Margrethe Vestager’s comments came...

The Antitrust Week In Review

Posted  02/4/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. Democratic lawmaker re-introduces bills to strengthen antitrust.  Senator Amy Klobuchar, the top Democrat on the Senate Judiciary Committee’s antitrust panel, said on Friday that she had re-introduced two bills aimed at strengthening enforcement of U.S. antitrust law. One of the bills would adjust fees...

The Antitrust Week In Review

Posted  01/28/19
Here are some of the developments in antitrust news this past week that we found interesting and are following. E.U. Fines Mastercard $650 Million Over Fees Merchants Were Forced to Pay.  The European Commission has fined Mastercard 571 million euros, or around $650 million, for breaching antitrust rules by raising payment-processing fees artificially, leading to higher prices for retailers and consumers. The...
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