In May, we discussed two antitrust lawsuits brought against JetBlue Airways Corporation (“JetBlue”) by the U.S. Department of Justice (“DOJ”) in the District of Massachusetts. One lawsuit is focused on JetBlue’s proposed...more
We wrote before about a decision by an Alabama federal district court to analyze claims in the Blue Cross Blue Shield multi-district litigation under a per se standard. ...more
A court’s decision regarding the proper standard of review in a Sherman Act Section 1 case—whether to analyze the defendant’s conduct as a per se antitrust violation or under the “rule of reason”—is highly significant. The...more
4/16/2018
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Best Efforts Clauses ,
Blue Cross ,
Blue Shield ,
License Agreements ,
Multidistrict Litigation ,
Per Se Rule ,
Rule-of-Reason Analysis ,
Sherman Act ,
Single Entity Rule ,
Standard of Review
The incentive is high to identify a Sherman Act violation in your competitor’s conduct—three times higher, to be precise, than to bring a claim for an ordinary business tort or even a false advertising claim under the Lanham...more
In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more
1/10/2017
/ Abbreviated New Drug Application (ANDA) ,
Anti-Competitive ,
Antitrust Litigation ,
Class Action ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Monopolization ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
REMS ,
Sherman Act
A recent complaint charges PepsiCo Inc. with several antitrust violations, including price fixing and predatory pricing in violation of Section 1 of the Sherman Act, conspiracy and attempt to monopolize in violation of...more