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Ninth Circuit affirms divestiture of consummated physician practice acquisition
  • McDermott Will & Emery
  • USA
  • February 27 2015

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice


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


Second Circuit to hear expedited appeal in “product hopping” suit
  • McDermott Will & Emery
  • USA
  • January 9 2015

On January 6, 2015, the Second Circuit granted defendants’ motion for an expedited appeal but denied their motion for a stay in New York v


Supreme Court limits availability of state action immunity from federal antitrust liability
  • McDermott Will & Emery
  • USA
  • February 20 2013

The Supreme Court decision in FTC v. Phoebe Putney Health System, Inc., makes clear that state action immunity from federal antitrust laws is


When is most favored too favored?
  • McDermott Will & Emery
  • USA
  • October 21 2010

The DOJ and Michigan are challenging Blue Cross Blue Shield of Michigan's most favored nations contracts under federal and Michigan antitrust law


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 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


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


“Reverse payment” settlements face greater antitrust scrutiny following U.S. Supreme Court ruling in FTC v. Actavis
  • McDermott Will & Emery
  • USA
  • July 31 2013

Resolving a split among the U.S. Courts of Appeals, the U.S. Supreme Court ruled that patent infringement settlement agreements between branded and


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