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Eighth Circuit decision further clarifies the principle of tribal sovereign immunity

USA - April 9 2012 On April 4, 2012, in Alltell Communications, LLC v. DeJordy, the United States Court of Appeals for the Eighth Circuit held that a third-party subpoena in private civil litigation is a "suit" for purposes of an Indian tribe's common law sovereign immunity, thus requiring waiver or congressional abrogation of that immunity before compliance with the subpoena may be compelled.

Leah R. Sixkiller

FTC v. Lundbeck, Inc.: the Eighth Circuit rejects the FTC's attempt to identify a relevant product market in pharmaceuticals

USA - October 7 2011 The United States Court of Appeals for the Eighth Circuit recently handed the Federal Trade Commission (FTC) a significant loss as it rejected the agency's contention that an acquisition of two drugs used to treat a similar heart condition was anticompetitive because the drugs were part of the same relevant product market, over which the acquirer had gained a putative monopoly.

Emily E. Chow, Jay D. Christiansen

FTC v. Lundbeck, Inc.: the Eighth Circuit rejects the FTC's attempt to identify a relevant product market in pharmaceuticals

USA - August 23 2011 The United States Court of Appeals for the Eighth Circuit recently handed the Federal Trade Commission (FTC) a significant loss as it rejected the agency's contention that an acquisition of two drugs used to treat a similar heart condition was anticompetitive because the drugs were part of the same relevant product market, over which the acquirer had gained a putative monopoly.

Emily E. Chow, Jay D. Christiansen

Eighth Circuit again affirms dismissal of hospital's antitrust class action against catheter supplier

USA - June 10 2011 In Southeast Missouri Hospital v. C.R. Bard, Inc., No. 09-3325 (8th Cir. June 8, 2011), the Eighth Circuit Court of Appeals affirmed - for the second time - the dismissal of appellant St. Francis Medical Center's (St. Francis) class action, accusing appellee C.R. Bard, Inc. (Bard) of abusing its position in the catheter market in contracting with group-purchasing organizations (GPOs) and inflating catheter prices for hospitals in violation of Sections 1 and 2 of the Sherman Act.

Emily E. Chow, Jay D. Christiansen, Craig S. Coleman