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Antitrust Law Blog Blog

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District Court Rejects Intel’s Claims, but Leaves Door Open to Patent “Aggregation” Theories of Antitrust Liability

USA - October 19 2021 Last month, we wrote a post on the patent “aggregation” suit Intel had filed against various entities affiliated with the investment firm Fortress…

Another Update on the Patent “Aggregation” Suit Against Fortress

USA - September 27 2021 There have been several developments since we last wrote about Intel and Apple’s suit against Fortress and several of its so-called “patent assertion…

Fourth Circuit Door War Leaves Groundbreaking Divestiture Order Intact

USA - May 4 2021 The Supreme Court is the only avenue left for JELD-WEN Inc. after the Fourth Circuit denied the door manufacturer’s motion for rehearing en banc of a…

Fourth Circuit Affirms Local Government Antitrust Immunity for Atrium Health

USA - April 27 2021 The Fourth Circuit ruled last month that the Charlotte-Mecklenburg Hospital Authority, which does business as Atrium Health, is immune from antitrust…

Fifth Circuit Impax Decision Validates FTC’s Post-Actavis Approach to Reverse Payments

USA - April 20 2021 On April 13, 2021, the Court of Appeals for the Fifth Circuit issued its long-anticipated decision in Impax v. FTC, marking the first time an…

Two District Courts Address Challenges to EpiPen Manufacturer Rebates

USA - March 9 2021 Recent decisions in two different antitrust cases (found here and here) involving price increases and marketing practices for the EpiPen address a…

Staples Announces Plans to Purchase Office Depot: Will Its Third Attempt Be More Successful?

USA - February 11 2021 Staples’ parent company recently announced plans for an attempt to buy all outstanding stock of Office Depot’s parent company (ODP) for $2.1 billion…

Update on Patent “Aggregation” Suit Against Fortress

USA - January 29 2021 Intel and Apple’s challenge to Fortress’s allegedly anticompetitive practice of patent “aggregation,” which we discussed previously on this blog…

The FTC Sues Endo and Impax Over Opana ER Agreement . . . Again

USA - January 28 2021 Stop me if you’ve heard this one before: the FTC is suing pharmaceutical manufacturers Endo and Impax over an alleged “reverse payment” agreement to…

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…