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FTC and California AG join in challenging reverse payment settlements in the pharmaceutical industry
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- March 6 2009
On January 29, 2009, the Federal Trade Commission ("FTC"), in conjunction with California's Attorney General, launched its latest challenge to reverse payment settlements in the pharmaceutical industry, Fed. Trade Comm'n et al. v. Watson Pharm., Inc. et al., 09-cv-00598 (AHM) ("Watson"
Sherman Act claims against credit reporting agency Equifax tossed out of court for lack of antitrust injury
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- May 13 2009
On April 2, 2009, the Sixth Circuit affirmed the lower court's 12(b)(6) dismissal of an antitrust complaint against national credit reporting agency, Equifax, for lack of antitrust injury
The latest advance in the debate over reverse payment settlements: will the Supreme Court punt, again?
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
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- June 12 2009
On April 24, 2009, a group of professors of law, economics and business, together with the American Antitrust Institute, the Public Patent Foundation, and AARP (collectively "amici") filed an amicus brief urging the Supreme Court to grant certiorari and reverse the decision of the Federal Circuit Court of Appeals in In re Cirpoflaxacin Hydrochloride Antitrust Litigation, 544 F.3d 1323 (Fed. Cir. 2008) ("Cipro"
Supreme Court's Linkline and Trinko decisions result in Tenth Circuit dismissal of Section 2 monopolization case
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- November 10 2009
The Tenth Circuit's recent dismissal of Section 2 monopolization and attempted monopolization claims in Four Corners Nephrology Associates, P.C. v. Mercy Medical Center of Durango, -- F.3d ---, 2009 WL 3085882 (10th Cir. Sep. 29, 2009), relied extensively on the Supreme Court's Linkline and Trinko decisions to hold that: (1) a hospital's refusal to allow a physician access to its nephrology facilities does not constitute anticompetitive conduct under Section 2 of the Sherman Act; and (2) the refusal does not constitute an injury of the type the antitrust laws were intended to prevent
FTC gets shut down - once again - in its bid to change how courts view reverse payment settlements
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
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- June 3 2010
As previously reported on this blog, in January 2009, the Federal Trade Commission launched its latest challenge to the legality of reverse payment settlements in the pharmaceutical industry, this time directed at two settlements involving the brand-name drug AndroGel
District Court breathes new life into predatory pricing and refusal to deal claims after Linkline and Trinko
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- February 17 2010
In Safeway Inc. v. Abbott Laboratories, 2010 WL 147988 (N.D. Cal. Jan. 12, 2010), Judge Wilkins of the U.S. District Court for the Northern District of California denied defendant Abbott Laboratories' motion to dismiss predatory pricing and refusal to deal claims set forth in the second amended complaints filed by Direct Purchasers and Abbott's competitor, SmithKline Beecham Corp
First Section 2 monopolization case of the Obama administration targets dominant Texas health care provider
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- March 9 2011
In the first challenge against anticompetitive unilateral conduct since 1999, the Department of Justice reached a proposed settlement with a Texas hospital to enjoin it from entering into exclusionary contracts that effectively prevented commercial health insurers from also contracting with the hospital's rivals
Ninth Circuit rejects consumer antitrust challenge to cable television bundling
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- June 16 2011
The Ninth Circuit recently affirmed the dismissal of a consumer class action challenging the television programming industry's practice of exclusively offering multi-channel cable packages
District Court dismisses follow-on suit challenging Blue Cross's "MFN-Plus' contracts under both per se and rule of reason standards
- Sheppard Mullin Richter & Hampton LLP
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- USA
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- April 11 2012
The District Court for the Eastern District of Michigan recently dismissed antitrust claims brought by the City of Pontiac against Blue Cross Blue Shield of Michigan's practice of requiring hospitals to enter into "MFN-Plus" contracts, which was alleged to have significantly raised prices to Blue Cross's competitors
Current Search
- Jurisdiction - USA
- Workarea - Competition
- Workarea - Litigation
- Author - Helen Cho Eckert