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Results: 1-10 of 148

U.S. Supreme Court hears oral argument in Phoebe Putney hospital merger challenge
  • McDermott Will & Emery
  • USA
  • November 27 2012

In oral argument in FTC v Phoebe Putney Health System, Supreme Court Justices focused on whether the state legislature clearly articulated a state policy to displace competition with regulation, in a case challenging the application of the state action doctrine to a hospital merger to monopoly


North Carolina dentists seek rehearing en banc after losing bid for antitrust immunity
  • McDermott Will & Emery
  • USA
  • July 19 2013

North Carolina's dentists were not smiling when a three judge panel of the U.S. Court of Appeals for the Fourth Circuit sided with the Federal Trade


Northern District of California Dismisses Claims that Gilead Violated the Antitrust Laws in Seeking to Protect its Position on HIV Drug
  • McDermott Will & Emery
  • USA
  • November 11 2016

Ruling on a motion to dismiss, the US District Court for the Northern District of California dismissed AIDS Healthcare's antitrust claims alleging


Second Circuit: No Valid Sherman Act Claim Where Citizen Petition Denied Contemporaneously with ANDA Approval
  • McDermott Will & Emery
  • USA
  • November 11 2016

The US Court of Appeals for the Second Circuit held that a pharmaceutical manufacturer failed to state a Sherman Act Section Two claim because the


Supreme Court hears oral argument in pay-for-delay patent settlement antitrust case
  • McDermott Will & Emery
  • USA
  • March 26 2013

The Supreme Court's ruling in Federal Trade Commission v. Actavis, Inc., will almost certainly have major implications for the viability of Federal


The case of ophthalmic drugs in Italy and France: a lesson to learn - parallel antitrust investigations and cooperation between national competition authorities
  • McDermott Will & Emery
  • European Union, France, Italy
  • May 7 2014

The recent investigations into two pharmaceutical companies active in the ophthalmic drugs market in Italy and France serve as a reminder of the


FTC takes a broad, "generic" approach to Actavis in Amicus brief
  • McDermott Will & Emery
  • USA
  • August 22 2013

The Federal Trade Commission's (FTC) battle against "reverse-payment" settlements continues. In an amicus brief recently submitted in the case of In


North Carolina Dental Board urges reversal of FTC’s “radical” stance on state action immunity
  • McDermott Will & Emery
  • USA
  • September 5 2014

North Carolina's State Board of Dental Examiners has urged the U.S. Supreme Court to reject the Federal Trade Commission's (FTC's) "radical


Sham-wow! antitrust liability may attach to sham administrative petitions
  • McDermott Will & Emery
  • USA
  • October 1 2014

Addressing whether the “sham” exception to Noerr-Pennington immunity is limited to sham litigation in courts, the U.S. Court of Appeals for the


Massachusetts Court Weighs in on Product Hopping Allegations and Reverse Payment Standing
  • McDermott Will & Emery
  • USA
  • November 11 2016

Addressing a motion to dismiss a bevy of antitrust allegations, the US District Court for the District of Massachusetts held that a class of