In the latest front of the legal battle over the use of algorithmic pricing, RealPage, Inc. (“RealPage”) has challenged an ordinance passed by the City of Berkeley banning the use of revenue management software products like...more
On August 1, 2024, following five years of litigation, Tevra’s antitrust suit against Bayer Healthcare LLC came to an end. Tevra, a manufacturer of generic version topical flea and tick medications, alleged that Bayer engaged...more
8/15/2024
/ Animal Health ,
Anticompetitive Behavior ,
Antitrust Litigation ,
Competition ,
Generic Drugs ,
Manufacturers ,
Monopolization ,
Patents ,
Pharmaceutical Industry ,
Sherman Act ,
The Clayton Act
The Seventh Circuit recently revived an antitrust challenge to a clause in McDonald’s franchise agreements barring franchises from poaching other franchises’ employees. (See our previous coverage of antitrust challenges to...more
Last month, the DOJ finally secured its first criminal conviction for a labor-market antitrust offense. (Check here for our previous coverage of this prosecution trend.) VDA OC LLC (“VDA”), a healthcare staffing company,...more
Recently Judge Matthew F. Kennelly of the Northern District of Illinois denied the motions to dismiss filed by 17 top private universities in a class action lawsuit accusing the universities of conspiring to fix prices by...more
Last month, the first two trials arising from the DOJ’s recent push to criminally prosecute wage-fixing and employee non-solicitation agreements both ended in acquittals on the antitrust charges. In United States v. Jindal,...more
Two weeks ago, the District of Colorado denied defendants’ motion to dismiss in a criminal case targeting agreements between competitors not to solicit (or “poach”) each other’s employees. United States v. DaVita Inc. et...more
The Third Circuit recently affirmed the grant of summary judgment to GlaxoSmithKline (“GSK”) in the nearly 10-year-old Wellbutrin XL Antitrust Litigation, which challenged the lawfulness of settlement agreements resolving...more
8/25/2017
/ Antitrust Litigation ,
Generic Drugs ,
GlaxoSmithKline ,
Hatch-Waxman ,
Patent Infringement ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Popular ,
Reverse Payment Settlement Agreements ,
Settlement Agreements ,
Sham Litigation Exception ,
Sherman Act
What does to take to state a claim under Section 2 of the Sherman Act for refusal to deal? Last week’s decision in Viamedia, Inc. v. Comcast Corp. and Comcast Spotlight, LP, a case out of the Northern District of Illinois,...more
Manufacturers of containerboard and corrugated products have asked the Supreme Court to weigh in on a Circuit split concerning the impact of negotiated prices on class certification in antitrust cases brought under Section 1...more
What facts beyond mere membership in a trade association trigger Sherman Act liability? Next term, the Supreme Court will hear an antitrust case testing the requirements for pleading the conspiracy element of a claim brought...more
Certifying a class of direct purchasers of sheet metal parts alleging claims under section 1 of the Sherman Act, Judge Lynn Adelman of the United States District Court for the Eastern District of Wisconsin focused on what it...more
7/5/2016
/ Antitrust Violations ,
Auto Parts ,
Bargaining Power ,
Class Action ,
Class Certification ,
Commonality ,
Corporate Counsel ,
Damages ,
Predominance Requirement ,
Price-Fixing ,
Restraint of Trade ,
Sherman Act ,
Typicality ,
Young Lawyers
It is plausible that Uber’s CEO, Travis Kalanick, may have violated antitrust law by fixing prices charged to Uber passengers, a judge in the United States District Court for the Southern District of New York concluded last...more