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Christopher Sagers  (Cleveland-Marshall College of Law)
Just What on Earth Did Actavis Really Say? And Does It Mean Something for Section 1 More Broadly?
July 01, 2013

It’s going to be a strict, nearly-per-se quick look rule, folks, in more or less every reverse-payment case likely to be brought from here on out.  Dollars-to-donuts. A few weeks have gone by, and…

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Jeffrey May  (Wolters Kluwer)
Arbitration Agreement Did Not Prevent Effective Vindication of Antitrust Rights
June 22, 2013

Consumers and small businesses that are parties to contracts containing arbitration agreements will find it tougher, if not impossible, to avoid the terms of those agreements and pursue an antitrust…

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Jeffrey May  (Wolters Kluwer)
Antitrust Division Lawyer Picked to Fill Vacancy on Federal Trade Commission
June 21, 2013

Terrell McSweeny, Chief Counsel for Competition Policy and Intergovernmental Relations at the Department of Justice Antitrust Division, is President Obama's pick to fill the current vacancy on five-…

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Jeffrey May  (Wolters Kluwer)
Supreme Court Opens Reverse Payment Patent Settlement Agreements to Antitrust Challenge
June 21, 2013

A “reverse payment” settlement agreement is not entitled to “near-automatic antitrust immunity” simply because its anticompetitive effects fall within the scope of the exclusionary potential of the…

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Gavin Bushell  (Baker & McKenzie)
The one-handed European Merger Simplification Project?
June 12, 2013

Like the European Commission, I am confident that the European Merger Simplification Project will bring benefits for clients. As many commentators have affirmed, I do not doubt that the increase of…

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Jeffrey May  (Wolters Kluwer)
Removability of Parens Patriae Antitrust Actions Under CAFA To Be Considered by U.S. Supreme Court
May 31, 2013

It appears that the U.S. Supreme Court will soon resolve a split among the circuits on the issue of whether parens patriae actions can be removed from state court as "mass actions" under the Class…

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Adrian Emch, Hogan Lovells
Recent Developments in Chinese Merger Control – MOFCOM Shifts up a Gear
May 13, 2013

The Chinese Ministry of Commerce (“MOFCOM“) has stepped up its merger control activities on many fronts in recent weeks, issuing ground-breaking decisions in the Glencore/Xstrata and Marubeni/Gavilon…

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Richard Wolfram  (Richard Wolfram, Esq.)
A Legal Rationale for Liability Under Section 2 of the Sherman Act for Patent ‘Hold-up’ by Patent Assertion Entities with Respect to Standard Essential Patents
May 08, 2013

(Note:  In December 2012, the Department of Justice and the Federal Trade Commission held a Hearing on the impact of patent assertion entities (PAEs) on innovation and competition and the…

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Jeffrey May  (Wolters Kluwer)
Federal Antitrust Agency Heads Testify at Senate Subcommittee Antitrust Oversight Hearing
April 18, 2013

FTC Chairwoman Edith Ramirez and William J. Baer, Assistant Attorney General in charge of the Department of Justice Antitrust Division, testified before the Senate Judiciary Committee's antitrust…

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Jeffrey May  (Wolters Kluwer)
Commissioner Wright Calls for FTC Policy Statement on Unfair Methods of Competition
April 16, 2013

FTC Commissioner Joshua D. Wright told attendees of the American Bar Association Section of Antitrust Law Spring Meeting on April 11 that he was hopeful that the Commission will issue a policy…

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