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Darryl Wade Anderson
Reverse Payment Claims Authorized Under State Law: Five Lessons from California's In re Cipro Decision
August 11, 2015

Opening a new front in litigation over so-called reverse payment pharmaceutical patent infringement settlements, the California Supreme Court recently held that private parties can challenge these…

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Jeffrey May  (Wolters Kluwer)
Judgment for Drug Companies Unlikely the End of the Road in Nexium Case
August 02, 2015

The federal district court in Boston has rejected a request from purchasers of AstraZeneca LP’s heartburn medication Nexium for a new trial to challenge a “reverse payment” or “pay-for-delay”…

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Peter Citron  (Hogan Lovells)
EU Judgment Confirms Potential of High Cartel Fines for Vertically Integrated Multinational Companies
July 23, 2015

On 9 July 2015, the Court of Justice of the European Union (“ECJ”) issued an important judgment[1] concerning the basis on which cartel fines by the European Commission should be calculated for…

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Jeffrey May  (Wolters Kluwer)
Antitrust Whistleblowers Get Another Shot at Federal Protection from Retaliation by Employers
July 16, 2015

UPDATE: The bi-partisan “Criminal Antitrust Anti-Retaliation Act of 2015” passed the Senate by unanimous consent on July 22. A bill is advancing through the U.S. Senate that would protect employees…

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Peter Citron  (Hogan Lovells)
Dawn Raids – EU’s Highest Court Prevents Circumvention of the Ban on Using Dawn Raids for Fishing Expeditions
June 19, 2015

The Court of Justice of the European Union has now delivered its judgment in the Deutsche Bahn1 case. This case concerns important practical principles which govern the conduct of European Commission…

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Steven J. Cernak  (Bona Law PC)
The Roberts Court, Enforcement Agencies and "The Limits of Antitrust"
June 16, 2015

Finding a unifying theory to explain (almost) all the decisions of the Supreme Court in a substantive area can be a difficult task. Alden Abbott and Thom Lambert’s new article accomplishes it for the…

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Jeffrey May  (Wolters Kluwer)
High Court Considering Fate of Three Antitrust Petitions
June 11, 2015

UPDATE: On June 15, the Court denied review in Hsiung v. U.S., Dkt. 14-1121,  and Motorola Mobility LLC v. AU Optronics Corp., Dkt. 14-1122. Apparently, Dow Chemical Co. v. Industrial Polymers, Inc…

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William Diaz and Ryan Leske, McDermott Will & Emery LLP
DOJ Issues Business Review Letter Pertaining to SSO Policy on Standard-Essential Patents and RAND Commitments
May 04, 2015

The Antitrust Division of the U.S. Department of Justice (DOJ) recently issued a business review letter stating that it would not challenge the Institute of Electrical and Electronics Engineers, Inc…

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Jeffrey May  (Wolters Kluwer)
Divided Supreme Court Allows State Law Antitrust Claims to Proceed Against Pipelines, Rejects Field Preemption Argument
April 25, 2015

In a decision that's received relatively little attention, a divided U.S. Supreme Court earlier this week held that the Natural Gas Act (NGA) did not “field” preempt state law antitrust claims raised…

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Jan Peter van der Veer, RBB Economics  (RBB Economics)
RPM and Strong Inter-Brand Competition – Tooltechnic Coming to Europe?
April 23, 2015

On 20 April 2015, the Dutch competition authority ACM published Guidelines on its enforcement priorities with respect to vertical restraints.  The document contains a number of case studies intended…

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