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Antitrust Law Blog Blog

Articles: 1-10 of 170

Major Development in BCBS Association Antitrust Litigation

USA - December 22 2020 Antitrust litigation has been ongoing for several years in the U.S. District Court for the Northern District of Alabama against one of the biggest…

Does HHS’s Elimination of the Safe Harbor for Manufacturer Rebates Leave Manufacturers with Increased Antitrust Risk?

USA - December 14 2020 On November 20, 2020, the U.S. Department of Health & Human Services (HHS) finalized a rule to take effect in 2022, which eliminates the safe harbor…

Antitrust Plaintiffs Complain of Patent “Thickets”

USA - August 31 2020 For years, antitrust commentators have warned of threats to innovation and competition posed by “thickets” of patents—the “dense web[s] of…

Impax Oral Argument at Fifth Circuit Reveals Thorny Issues and Uncertain Outcome

USA - June 29 2020 On June 9, the United States Court of Appeals for the Fifth Circuit heard oral argument in Impax Laboratories, Inc., Etc. v. Federal Trade Commission…

The Democratic Presidential Candidates and Antitrust

USA - February 19 2020 With the Democratic primary process in full swing, we thought it fitting to take a look at where the candidates stand with respect to antitrust…

The New Brandeis School Manifesto

USA - February 5 2020 As this blog has previously reported, new strains of thought about antitrust law are blossoming in the United States. The “New Brandeisians”…

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 2]

USA - January 7 2020 Yesterday we discussed 2019’s most significant developments in challenges to reverse-payment settlements. Today we continue our analysis of recent…

2019 Pharmaceutical Antitrust Round-Up: A Year in Pay for Delay [Part 1]

USA - January 6 2020 2019 witnessed a number of developments in challenges to reverse-payment settlements. In its first decision on a pay-for-delay settlement since the…

Federal Circuit Clarifies Limits of Safe Harbor Defense in Amgen v. Hospira

USA - January 3 2020 Recently, in Amgen Inc. v. Hospira, Inc.,the Federal Circuit clarified the limits of the Safe Harbor defense in cases involving patented…

Update: DOJ Announces It Will Move to Lower the Curtain on 70-Year-Old Paramount Consent Decrees

USA - November 19 2019 Last October, we discussed the Department of Justice’s announcement that it would be revisiting the 1948 Paramount Consent Decrees, a series of…