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Results: 1-10 of 445

Losing Bidder for Pharmaceutical Triggers FTC Investigation, Fix, and $100 Million Fine in Non-HSR-Reportable Transaction
  • McDermott Will & Emery
  • USA
  • March 13 2017

A private lawsuit filed by Retrophin Inc. (Retrophin), under then-CEO Martin Shkreli, likely triggered an investigation by the FTC into a consummated


Court Nixes Indirect Purchaser Claims for Lack of Standing
  • McDermott Will & Emery
  • USA
  • March 8 2017

To bring a claim for antitrust damages, indirect purchasers must show that they have antitrust standing. They must demonstrate that their injuries


The Court of Justice of the European Union (CJEU) Confirms the Commission’s Approach to Hybrid Settlements
  • McDermott Will & Emery
  • European Union
  • March 10 2017

The case follows on from the Commission’s Animal Feed Phosphates cartel decision pursuant to which fines totalling 176 million were imposed on a


Tenth Circuit Sides with Defendants in $200 Million Sutures Bundling Case
  • McDermott Will & Emery
  • USA
  • March 16 2017

In an antitrust case involving bundled discount on sutures, the United States Court of Appeals for the Tenth Circuit affirmed a lower court decision


The Concept of Full-Function Joint Venture in the EU
  • McDermott Will & Emery
  • European Union
  • August 8 2016

In the European Union (EU), at the inception of a joint venture (JV), parent companies must determine whether the newly created structure presents a


German Federal Court of Justice takes a stand in Orange Book Standard
  • McDermott Will & Emery
  • Germany
  • July 27 2009

The antitrust division of the Federal Court of Justice in Germany delivered a landmark judgment in the Orange Book Standard proceeding dealing with the use of the so-called "compulsory license objection under anti-trust law


Nexium Case Extends Actavis Ruling
  • McDermott Will & Emery
  • USA
  • January 3 2017

Addressing a pay-for-delay and pharmaceutical-settlement antitrust jury trial for the first time since the 2012 Supreme Court of the United States


French Competition Authority Imposes Its First Ever Fine for Gun-Jumping
  • McDermott Will & Emery
  • France
  • November 9 2016

For the first time ever, on 8 November 2016 the French Competition Authority (FCA) sanctioned companies for implementing a transaction that had been


Maryland AG Challenges Resale Price Maintenance Agreement
  • McDermott Will & Emery
  • USA
  • March 10 2016

On February 29, 2016, the Attorney General of Maryland filed a complaint alleging that Johnson & Johnson Vision Care, Inc. (Johnson & Johnson


2017 Intellectual Property Law Year In Review
  • McDermott Will & Emery
  • USA
  • January 31 2017

In a year where politics dominated the headlines, intellectual property law still captured a share of the nation's spotlight. 2016 brought big