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Massachusetts Court Unsettles Partners’ Hospital Merger By Nixing Consent Judgment

Posted  02/2/15
By Daniel Vitelli
A Massachusetts state court on Thursday derailed the settlement of a challenge to the proposed merger of Partners Health System with rivals South Shore Health and Educational Corp. (South Shore Hospital) and Hallmark Health Corp. (Lawrence Memorial Hospital and Melrose-Wakefield Hospital) by taking the unusual step of rejecting a proposed consent judgment negotiated by the state’s top antitrust enforcer. Suffolk...

Tagged in: Antitrust Litigation,

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The Antitrust Week in Review

Posted  02/2/15
Here are some of the developments in antitrust news this past week that we found interesting and are following. China Vitamin C Price-Fixing Verdict Scrutinized by Court.  Federal courts often find the extent to which U.S. antitrust laws have a global reach to be one of the thorniest issues to deal with.  The U.S. Court of Appeals for the Second Circuit is wrestling with this issue as it reviews a $147.8 million...

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Baseball Antitrust Exemption Extends 93-Year Winning Streak In Federal Courts

Posted  01/21/15
By Nneka Ukpai Although federal courts may consider baseball’s antitrust exemption to make about as much sense as the infield fly rule, last week’s decision by the U.S. Court of Appeals for the Ninth Circuit in City of San Jose v. Commissioner of Baseball shows that courts still consider themselves bound to invoke that anachronistic exemption to call antitrust plaintiffs out. According to a three-judge panel...

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European Commission Announces Agreement To Cap Interchange Fees For Card-Based Payments

Posted  01/7/15
A View from Constantine Cannon’s London Office By Yulia Tosheva and James Ashe-Taylor The European Commission has announced that the European Parliament and the European Council have reached a long-awaited political agreement on the Commission’s proposal for a Regulation on Interchange Fees for Card-based Payment Transactions. The Regulation will introduce maximum fees for four-party card schemes’...

Tagged in: Antitrust Enforcement, Antitrust Legislation, Antitrust Litigation, International Competition Issues, Price Fixing,

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Brussels Antitrust Seminar Demonstrates Shifting European Landscape For Competition Enforcement In Wake Of ECJ MasterCard Judgment

Posted  10/17/14
A View from Constantine Cannon’s London Office By Irene Fraile and Richard Pike The recent judgment by the European Court of Justice (“ECJ”) in the MasterCard case is sparking a lively debate about how antitrust enforcement of payment system regimes should evolve in the European Union, as evidenced by an antitrust seminar co-sponsored by Constantine Cannon in Brussels on Monday. The ECJ’s MasterCard...

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

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Apple’s Appellate Challenge Of E-Books Monitor Moves To Procedural Battlefield

Posted  10/1/14
By Allison F. Sheedy Apple’s battle in the U.S. Court of Appeals for the Second Circuit against a court-appointed external antitrust compliance monitor is winding its way through a procedural thicket as the Second Circuit prepares to consider the merits of Apple’s appeal. Apple is appealing an order by Judge Denise Cote of the U.S. District Court for the Southern District of New York refusing to disqualify...

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Antitrust Regulators Taking Aim At Drug Companies’ “Forced Switching”

Posted  09/25/14
By Rosa M. Morales Signs continue to accumulate that antitrust regulators are on the lookout for innovative anticompetitive tactics by pharmaceutical companies seeking to delay entry of lower-priced generic drugs. This growing interest by federal and state regulators in policing the anticompetitive suppression of generic drugs was the subject of a recent post on this blog by Ankur Kapoor.  Among the antitrust...

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

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Regulators Prescribing Higher Dose Of Pharmaceutical Antitrust Enforcement

Posted  09/18/14
By Ankur Kapoor Antitrust enforcers returned to their offices after Labor Day, refreshed and ready to tackle what they view to be anticompetitive practices by pharmaceutical companies to delay entry of lower-priced generic drugs. In addition to recent enforcement efforts by antitrust regulators, two federal courts have issued opinions supporting the theory underlying the enforcers’ new efforts to police...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Credit Default Swap Class Action Clears Motions To Dismiss And Proceeds To Discovery

Posted  09/8/14
By David Golden On Thursday, Judge Denise Cote of the U.S. District Court for the Southern District of New York refused to dismiss a class-action antitrust lawsuit involving the $21 trillion credit default swap (“CDS”) market, permitting the case to proceed to discovery. The plaintiffs in In re Credit Default Swaps Antitrust Litigation allege that some of the largest investment banks in the United States –...

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MFNs Becoming A Battleground In FCC’s Review Of Comcast/Time Warner Deal

Posted  09/4/14
By Allison F. Sheedy The biggest regulatory review of the year—the Federal Communications Commission’s examination of Comcast Corp.’s proposed acquisition of Time Warner, Inc.—has taken an interesting foray into analyzing competitive tactics, with the FCC’s invitation to media companies to confidentially raise concerns about Comcast’s use of most favored nation (“MFN”) provisions in its contracts to...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Antitrust Policy,

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