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Third Circuit holds that “reverse settlement” payments are prima facie evidence of an antitrust violation, widening Circuit split

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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July 19 2012

The Federal Trade Commission and class action plaintiffs achieved a significant victory this week in their ongoing effort to invalidate “reverse settlement” payments among manufacturers of branded and generic pharmaceuticals

Seventh Circuit dismisses Clayton Act Section 8 derivative case

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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June 20 2012

In a recent decision, the Seventh Circuit sharply limited the ability of shareholders to bring derivative suits for possible violations of section 8 of the Clayton Act, 15 U.S.C. 19 (2006), which prohibits interlocking directors and officers between competitors

New York’s highest court limits the extra- territorial application of New York’s antitrust laws

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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April 4 2012

In a recent decision that provides clarity as to the limits of the Donnelly Act, New York’s antitrust statute, the New York Court of Appeals (New York’s highest court) reversed the Appellate Division and affirmed the trial court’s dismissal of a complaint based on actions occurring entirely outside the United States

Eleventh Circuit joins Second and Seventh Circuits in rejecting antitrust claim challenging collective action by holders of existing debt

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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December 23 2011

In a significant decision that reaffirms the extent to which holders of debt may engage in coordinated behavior with respect to a common issuer, the United States Court of Appeals for the Eleventh Circuit recently affirmed a judgment on the pleadings for a group of hedge funds in an antitrust case challenging the funds’ actions under the Sherman Act

Judge halts antitrust suit against AT&TT-Mobile merger

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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December 9 2011

At the request of AT&T and the Justice Department (DOJ), U.S. District Court Judge Ellen Huvelle agreed this week to stay the DOJ antitrust lawsuit that seeks to block AT&T’s proposed union with T-Mobile USA, as she gave the defendants a January 12 deadline by which they must notify the court about the status of their merger plans

Judge allows portions of sprint, C-Spire claims against AT&TT-Mobile merger to proceed

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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November 4 2011

In a mixed ruling handed down late Wednesday, U.S. District Court Judge Ellen Huvelle declared that Sprint and C-Spire (formerly Cellular South) could proceed with portions of their respective antitrust lawsuits against the AT&TT-Mobile merger

Judge denies Sprint access to AT&T documents in merger case

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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October 28 2011

Sprint suffered a blow in its legal quest to stop the AT&TT-Mobile merger, as U.S. District Court Judge Ellen Huvelle denied the company’s motion to access confidential documents that were provided by AT&T to the Justice Department (DOJ) in connection with the DOJ’s antitrust lawsuit against the transaction

AT&T, T-Mobile question carriers’ standing to challenge merger in court

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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October 7 2011

Urging the U.S. District Court in Washington, D.C. to dismiss lawsuits filed by Sprint Nextel and C-Spire Wireless (formerly Cellular South) against AT&T’s proposed $39 billion acquisition of T-Mobile USA, AT&T and T-Mobile told the court that, because both carriers are competitors and not customers who may be harmed, they lack the standing to challenge the merger on antitrust grounds pursuant to the Clayton Act

Federal court allows price fixing case to proceed against Chinese manufacturers of Vitamin C

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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September 9 2011

This week, a federal district court in New York allowed a putative antitrust class action against a group of Chinese vitamin C manufacturers to move forward, rejecting the defendants’ argument on summary judgment that they were compelled by the Chinese government to export vitamin C at a minimum price

In dismissal of hospital’s tying claim against drug manufacturer, Third Circuit takes narrow view of direct purchaser requirement

Paul, Weiss, Rifkind, Wharton & Garrison LLP
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USA
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June 27 2011

In Warren General Hospital v. Amgen Inc., No. 10-2778, 2011 WL 2321393 (3d Cir. June 14, 2011), the Third Circuit recently affirmed the dismissal of a hospital’s claim against Amgen for alleged illegal tying of two blood-treatment drugs, pursuant to the Supreme Court’s “direct purchaser” requirement for antitrust standing in a damages action under Section 4 of the Clayton Act

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