FTC v. Actavis, Inc.: Pay-for-delay settlements subject to rule of reasonBy Kate O’SúilleabháinJune 2013On June 17, in FTC v. Actavis, Inc.,the U.S. Supreme Court determined that “pay-for-delay” settlements (also known as “reverse-payment settlements”) between drug manufacturers are subject to rule of reason antitrust scrutiny for purposes of determining whether they violate federal antitrust laws.
A warning on the antitrust risks in private equity collaborationBy Thomas F. BushJune 2013A recent decision by a federal district court in Boston, however, demonstrates how easily even well-advised firms can stumble and end up facing a substantial claim of an antitrust violation.
The antitrust counselor: The Supreme Court reversed Dr. Miles: Now what?By Mildred L. CalhounOctober 2007The US Supreme Court recently overruled Dr. Miles Medical Co. v. John D. Park & Sons, holding that all vertical price restraints are to be analyzed under the Rule of Reason. In other words, instead of being per se illegal and presumed anticompetitive, all vertical price restraints are now analyzed for reasonableness and their effect on competition.
Minimum resale price maintenance after LeeginBy Robert T. JosephOctober 2007On June 28, 2007, in Leegin v. PSKS, Inc., the Supreme Court overruled Dr. Miles Medical Co. v. John D. Park & Sons Co. and held that vertical prices restraints are to be judged by the rule of reason under federal law.
The role of regression analysis in class certification decisions in antitrust casesBy Jeff DormanFebruary 2007The combined effects of the massive potential liability presented by an antitrust class action and the prohibition of a cross-claim for contribution has made class certification decisions in antitrust cases virtually outcome determinative.
The Antitrust Counselor: Robinson Patman after Reeder-SimcoBy Mildred L. CalhounDecember 2005The Supreme Court appears to be coming to the rescue of counselors who are still bemused by the Eighth Circuit’s astonishing opinion in Reeder-Simco GMC, Inc. v. Volvo GM Heavy Truck Corp.
The Antitrust Counselor: BenchmarkingBy Mildred L. CalhounOctober 2003The impetus to benchmark waxes and wanes according to the current management theory in vogue at any given time, but regardless of management imperatives, benchmarking always requires significant antitrust scrutiny.
The antitrust implications of creative pricing strategiesBy Rebecca A.D. NelsonDecember 2002The Sherman Act1 was enacted in 1890. It is a very straightforward law, prohibiting "contracts, combinations or conspiracies ... in restraint of trade" (Section 1) and monopolization or attempted monopolization of any part of trade or commerce (Section 2).
Recent casesDecember 2002This opinion consolidates several cases arising out of an alleged conspiracy to fix the price of copper futures at artificially high levels on the international exchange markets in violation of Section 1 of the Sherman Act.
Will Adam Smith’s statement be retired from trials?By John L. ConlonDecember 2002A hoary but effective quote that government and plaintiff's counsel frequently use in their briefs and at trials in antitrust cases is Adam Smith's classic statement in the Wealth of Nations:
Don’t forget antitrust in the current corporate crisisBy Spencer Weber WallerOctober 2002Not a day goes by when another corporation or entire sector of the economy is not hit by a new scandal involving corporate wrongdoing.
Recent casesOctober 2002Plaintiff, manufacturer of purified bottled water sold around Lubbock, Texas, brought suit seeking damages based on: (1) Clayton Act § 3; (2) the parallel provision in the Texas Free Enterprise and Antitrust Act; and (3) state law claims of tortious interference with existing and prospective business relations.
Rediscovering coordinated effectsBy Charles A. JamesOctober 2002It has been said that life is largely a matter of expectation. Throughout my career in the antitrust field, I have been first and foremost a merger lawyer, and as a result I expected that the majority of my time at the Antitrust Division would be devoted to merger matters
Antitrust complaints and motions to dismissBy David A. O’TooleDecember 2001In the past few years, there have been a surprising number of cases in which federal courts have dismissed antitrust complaints on the pleadings, where the pleadings appear facially sufficient.
Be careful what you wish for: some thoughts on the merger review processBy Charles A. JamesDecember 2001My first few weeks at the Antitrust Division have been spent on the fundamentals of the agency--our structure, our deployment of resources, our investigative techniques, our programs for recruiting and training staff--a bottom-up and top-down evaluation of what we do and how we do it.
The Federal Trade Commission’s antitrust enforcement agendaBy Alden F. AbbottDecember 2001In the wake of Timothy Muris's confirmation as FTC Chairman, much press speculation centered on whether the Federal Trade Commission would adopt a much narrower, more restrictive approach to antitrust enforcement.
Amendments to the Hart-Scott-Rodino Antitrust Improvements ActBy Rebecca A.D. NelsonJuly 2001On February 1 of this year, the U.S. premerger reporting process was substantially revised, as amendments to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act") took effect.
Microsoft reduxBy John L. ConlonJuly 2001The United States Court of Appeals for the District of Columbia (the "court") in a 125 page en banc per curium opinion issued on June 28, 2001
Toward a more refined rule of reason analysis—California Dental Association v. FTCBy Scott M. MendelJuly 2001On February 15, 2001, the Federal Trade Commission ("FTC") voted unanimously to dismiss its administrative complaint against the California Dental Association ("CDA"), as ordered by the Court of Appeals for the Ninth Circuit after remand from the Supreme Court.
Book reviewsMarch 2001Although I cannot recall a single movie or television series in which an attorney was even referred to a handling antitrust matters, the subject of antitrust enforcement has come to the attention of the general public through the government's case against Microsoft.
Web sites for Illinois antitrust attorneysBy Marija PopovicMarch 2001The Internet provides a wealth of useful information for the legal profession. It has become easier for attorneys to find relevant information on the Internet. Statutes, legislation, and much more are only a click away.
Antitrust law moves to the eastBy Russell W. DamtoftSeptember 2000Antitrust continues to spread its tentacles across the globe.
