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Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule

Posted  05/15/19
By Harrison J. McAvoy
The Supreme Court on Monday issued a much-anticipated decision in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or apps. The Court ruled in favor of the plaintiffs, holding that iPhone owners have standing to pursue a claim for damages against Apple under the federal antitrust laws. The decision has significant implications in terms of both...

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...

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...
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