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Manufacturers Antitrust Litigation

Lathrop GPM

Massachusetts Federal Court Concludes Incentive Program and Secondary Market Allegations Fail to State Price Discrimination Claim

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A federal court in Massachusetts recently dismissed holistic wellness centers’ price discrimination suit against the manufacturer of body sculpting devices initiated after Plaintiffs withdrew from the manufacturer’s...more

A&O Shearman

Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment

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On June 09, 2025, the United States District Court for the Northern District of Illinois denied a motion to dismiss filed by a manufacturer of agricultural equipment (“Defendant”) in a right-to-repair action brought by the...more

McDermott Will & Schulte

This Week in 340B: June 10 – 16, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

A&O Shearman

Maker Of 5-hour ENERGY® Falls Short On Robinson-Patman Act Claims Again

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On May 28, 2025, the United States District Court for the Central District of California held that plaintiffs failed to prove that they incurred an antitrust injury flowing from the differential promotional allowances...more

Vinson & Elkins LLP

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

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On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Lathrop GPM

Delaware Federal Court Vacates $100 Million Verdict Against Caterpillar in Claim Brought by Importer of New Chinese Construction...

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A federal court in Delaware has vacated a damages award in a claim brought by an importer of new Chinese construction equipment who had accused Caterpillar of pushing it out of the U.S. market. Int’l Constr. Prods. LLC v....more

BCLP

One More for the Road: FTC Files Price Discrimination Suit Against Beverage Company in Final Weeks of Biden Administration

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This month, the Federal Trade Commission (“FTC”) filed its much-anticipated lawsuit against Southern Glazer’s Wine and Spirits, LLC (“Southern Glazer’s”), alleging the alcohol distributor violated the Robinson-Patman Act...more

A&O Shearman

FTC resuscitates long-abandoned price discrimination law in alcohol distributor suit

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In the waning days of the current administration, the antitrust agencies continue to cross items off their holiday wish list. Since the presidential election in November, the antitrust agencies have filed a new merger...more

McDermott Will & Schulte

FTC Targets Price Discrimination With New Robinson-Patman Act Lawsuit

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On December 12, 2024, following a nearly two-year-long investigation, the Federal Trade Commission (FTC) initiated its first litigation under the Robinson-Patman Act (RPA) in more than two decades. The FTC sued Southern...more

Wilson Sonsini Goodrich & Rosati

Shot, Chaser: FTC Sues Alcohol Supplier Under Controversial Pricing Law, Dissenting Commissioner Offers Detailed Defense

On December 12, 2024, the Federal Trade Commission (FTC) sued Southern Glazer’s Wine and Spirits, LLC (Southern) in the Central District of California for alleged price discrimination, initiating the first federal government...more

Patterson Belknap Webb & Tyler LLP

Jury Rejects Tevra's Embattled Market Definition in Antitrust Suit

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

A&O Shearman

Health Care Company Secures Antitrust Victory With Jury Verdict In Its Favor

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On August 1, 2024, a unanimous jury in the United States District Court for the Northern District of California found plaintiff, a veterinary drug manufacturer, failed to allege a relevant antitrust market under Sherman Act,...more

Foley & Lardner LLP

DOJ to Ramp up Antitrust Enforcement in Agriculture Sector

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On June 21, 2024, Deputy Assistant Attorney General Michael Kades announced the Department of Justice (DOJ) Antitrust Division’s plan to increase both civil and criminal antitrust enforcement in the agriculture sector. As...more

Holland & Knight LLP

Orange Book Concerns Pick Up as Yet Another Issue for Pharmaceutical Manufacturers

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Pharmaceutical manufacturers are increasingly finding themselves defending decisions to list in the U.S. Food and Drug Administration's (FDA) Orange Book patents that they assert are associated with their products. The...more

Skadden, Arps, Slate, Meagher & Flom LLP

Private Litigation and Government Rhetoric Signal Increased Legal Headaches Under the Robinson-Patman Act

After decades of dormancy, the Robinson-Patman Act (RPA), a Depression-era antitrust statute prohibiting price discrimination, has recently become the subject of renewed interest from both private plaintiffs and government...more

ArentFox Schiff

Is the Robinson-Patman Act Returning? Or Was It Never Really Gone?

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The Federal Trade Commission (FTC) has heralded its increased antitrust scrutiny of price discrimination under the Robinson-Patman Act (RPA), though little has come of it to date. Yet, our review of trends in private...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Bradley Arant Boult Cummings LLP

HP Facing Antitrust Class Action Alleging Unlawful Self-Preferencing

According to a putative class action filed in the Northern District of Illinois, computing giant Hewlett-Packard, Inc. (HP) illegally “require[es] consumers to use only HP-branded replacement ink cartridges, rather than...more

Alston & Bird

Class Action & MDL Roundup 2023 Q2 – Ascertainability Lives!

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2023. In this edition, essential oils may need therapy, an ever-growing library goes nowhere, and one...more

McDermott Will & Schulte

This Week in 340B: January 2023 #5

This weekly series provides brief summaries to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets on more than 40 340B cases to provide you with a quick...more

Hogan Lovells

FTC seeks to reinvigorate enforcement of Robinson-Patman Act

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The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more

Alston & Bird

Class Action & MDL Roundup 2022 Q2: Directing physical loss and damage

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2022. In this edition, fail-safe classes fail, consumers smoke a motion to dismiss, and you can’t bring...more

McDermott Will & Schulte

Fourth Circuit Breathes New Life into Monopolization Suit

The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration...more

Alston & Bird

Class Action & MDL Roundup – Fall 2020

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Welcome to the fall edition of the Class Action & MDL Roundup, covering significant decisions and settlements from the third quarter of 2020. In this edition, cosmetics get reused, garbage stinks to high heaven (at least...more

BCLP

A Guide to Navigating COVID-19 Price-Gouging Litigation Against Manufacturers, Suppliers, and Retailers of Food and Consumer Goods...

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The COVID-19 pandemic has led to sharp spikes in demand for basic necessities, alcohol-based disinfecting products, and essential food staples. Consumers have been willing to pay a premium to stock up on these items from both...more

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