News & Analysis as of

Antitrust Violations › Rule-of-Reason Analysis › Anti-Competitive

Freeman Law

Tradeshows and Exhibitions | Sherman Antitrust Considerations

Freeman Law on

Overview - The antitrust laws provide no bright-line rules about what particular analysis will apply for the exclusion of a participant from an exhibition marketplace, although likely, the Rule of Reason applies. In any...more

Constangy, Brooks, Smith & Prophete, LLP

Antitrust for HR professionals

Constangy, Brooks, Smith & Prophete, LLP on

Maybe don’t get a drink with your competitor. These are not easy times to be in human resources. Attracting, recruiting, and retaining talented employees is as challenging as ever. As I have previously written, wages are...more

Quarles & Brady LLP

Seventh Circuit Rejects Dismissal of Franchisee No-Poach Clause Challenge

Quarles & Brady LLP on

In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more

Proskauer - Minding Your Business

Second Circuit Overturns FTC Antitrust Decision Against 1-800-Contacts Involving Trademark Settlement Agreements

Proskauer - Minding Your Business on

Earlier this month, the Second Circuit overturned a decision by the Federal Trade Commission (the “FTC”) holding 1-800-Contacts violated antitrust law by entering into trademark settlement and related agreements that...more

White & Case LLP

California's New Reverse Payment Law Departs from Supreme Court Standard in FTC v. Actavis

White & Case LLP on

On October 7, 2019, California became the first state to enact legislation—Assembly Bill 824 ("AB 824")—rendering certain pharmaceutical patent litigation settlement agreements presumptively anticompetitive. This alert...more

Hogan Lovells

Neither fish nor fowl – China's supreme court proposes new framework for resale price maintenance

Hogan Lovells on

In the last week of June 2019 a copy of a groundbreaking court ruling emerged on social media in China – the order by the Supreme People's Court (SPC) in the Yutai case. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Shifting Enforcement of No-Poaching Agreements

Skadden, Arps, Slate, Meagher & Flom LLP on

Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees —...more

Patterson Belknap Webb & Tyler LLP

Alabama Federal Court Will Analyze Blue Cross Blue Shield Antitrust Claims Under Per Se Standard; Defers Decision on “Single...

Patterson Belknap Webb & Tyler LLP on

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

Knobbe Martens

Supreme Court Will Not Review Pay-For-Delay Case over GSK’s Lamictal

Knobbe Martens on

On November 7, 2016, the U.S. Supreme Court declined to review an appeal from a Third Circuit decision finding that a settlement between GlaxoSmithKline (GSK) and Teva Pharmaceutical Industries Ltd. (Teva) involving the...more

Patterson Belknap Webb & Tyler LLP

District Court Narrowly Defines the Relevant Market in Post-Actavis Pay-For-Delay Suit

Patterson Belknap Webb & Tyler LLP on

On August 8, the District of Connecticut issued a noteworthy ruling on how to approach defining the relevant market definition in a pay-for-delay suit. In In re Aggrenox Antitrust Litigation, 3:14-md-02516 (D. Conn.), three...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Shifting Burdens: Structuring a Rule of Reason in Reverse-Payment Cases"

Skadden, Arps, Slate, Meagher & Flom LLP on

The U.S. Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, Inc. triggered a flurry of judicial activity in relation to pharmaceutical patent settlements allegedly involving reverse payments from patent...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide