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Corporate & Securities Law

Antitrust Blog Review

Provides legal updates in the antitrust and white collar legal arenas.
By Sheppard Mullin Richter Hampton, LLP

Post Frequency: 1.8/day

Last Entry: March 29, 2011 at 20:21:38

FTC and California AG Join in Challenging Reverse Payment Settlements in the Pharmaceutical Industry

Posted on March 06, 2009
On January 29, 2009, the Federal Trade Commission ("FTC"), in conjunction with California's Attorney General, launched its latest challenge to reverse payment settlements in the pharmaceutical industry, Fed. Trade Comm'n et al. v. Watson Pharm...

New Filing Thresholds for HSR Act Premerger Notifications

Posted on February 10, 2009
On January 6, 2009, the Federal Trade Commission announced revised thresholds for premerger filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. They will be effective Thursday, February 12, 2009. Acquisitions that have not closed by the effective date will be subject to the new thresholds...

Ninth Circuit Finds Genuine Issues Relating to Possible Walker Process Fraud Arising from Counsel's Omissions in Patent Application Process

Posted on February 10, 2009
The Ninth Circuit recently affirmed in part and reversed in part the entry of summary judgment for defendant Abbott Laboratories, Inc. ("Abbott") on claims brought under Section 2 of the Sherman Act. The Ninth Circuit found that genuine issues of material fact existed as to whether Abbot committed Walker Process fraud, one possible "sham" exception to Noerr-Pennington immunity...

Massachusetts District Court Finds That Billing Implied Immunity Does Not Apply To Private Equity Leveraged Buyouts

Posted on February 10, 2009
The U.S. District Court for the District of Massachusetts denied a Rule 12(b)(6) motion brought by defendant private equity firms (“PE Firms”) challenging a putative class action complaint brought by a trust, a public retirement trust fund and five individuals...

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The Third Circuit Clarifies the "Rigorous Analysis" Courts Must Apply In Class Certification

Posted on February 10, 2009
On December 30, 2008 the Third Circuit Court of Appeals clarified the standard that district courts in that circuit must apply before permitting a class action to proceed. See In re Hydrogen Peroxide Antitrust Litigation, No. 07-1680, 2008 U.S. App...

Dual Distribution and Resale Price Maintenance - Rule of Reason or Per Se Analysis?

Posted on February 10, 2009
On August 20, 2008 the US District Court in the Eastern District of Tennessee issued an opinion further defining the legal requirements necessary to plead a vertical resale price maintenance cause of action in Spahr v. Leegin Creative Leather Products, Inc...

EC Imposes Fines of $172m on Marine Hose Companies

Posted on February 10, 2009
On January 28, the European Commission (EC) imposed fines of approximately $172m on five companies for their alleged participation in a cartel for marine hoses between 1986 and 2007 in violation of the ban on anticompetitive agreements in the EC Treaty (Article 81)...

Whole Foods' and FTC's Litigation Far From Checkout

Posted on January 08, 2009
With two cases proceeding and one just getting started concerning Whole Foods' merger with Wild Oats, Whole Foods and the Federal Trade Commission are in for a whole lot of litigation. First, there is the FTC's Section 7 action on the merits of the merger, which will be heard in an administrative hearing in February 2009...

What Part of "No" Don't You Understand? Unequivocal Refusal to Deal Triggers Statute of Limitations

Posted on January 08, 2009
Little Rock Cardiology Clinic v. Baptist Health, 573 F. Supp. 2d 1125 (E.D. Ark., August 29, 2008). Little Rock Cardiology Clinic (“LRCC”) is a professional association of cardiologists practicing medicine in Little Rock, Arkansas. LRCC brought an action under Sections 1 and 2 of the Sherman Act against Baptist Health, a non-profit corporation that operates five hospitals in Arkansas, including Little Rock...

"Citizen Petition" To FDA Raised Genuine Issues On Sham Exception To Noerr-Pennington Doctrine

Posted on January 08, 2009
On October 14, 2008, a federal district court in New York denied defendant pharmaceutical companies' motion for summary judgment after finding genuine issues of fact existed as to whether 1) the sham exception to antitrust immunity under the Noerr-Penington doctrine applied to defendants' filing of a Citizen-Petition to the FDA to block the approval of generic drug manufacturers' applications; and 2) defendants' Petition in fact delayed the generic manufacturers' applications...

Twombly Meets Leegin. Failure of Plaintiff to Allege "Plausible" Entitlement to Relief Constitutes Failure to Allege "Antitrust Injury."

Posted on January 08, 2009
In New England Carpenters Health Benefits Fund v. McKesson Corp., 573 F.Supp.2d 431 (Aug. 26, 2008), the District Court for the District of Massachusetts dismissed a national class action antitrust complaint, borrowing from the recent United States Supreme Court decisions in Bell Atlantic Corp...

The Cartwright Act At 100 - A History Of Complementary Antitrust Enforcement - A Celebration

Posted on January 08, 2009
Please click here to read an article that was published in the Fall 2008 special edition of "Competition," published by the State Bar Antitrust and Unfair Competition Law Section. The article commemorates the 100th anniversary of the enactment of the Cartwright Act, California's analogue to Section 1 of the federal Sherman Act, and maintains that the symmetry between the two acts is essential to promote consumer welfare and allocative efficiency...

Braintree Labs v. Schwarz Pharma, Inc., F.Supp.2d , No. 03-477-SLR, 2008 WL 2944655 (D. Del. July 31, 2008)

Posted on September 12, 2008
In a July 31, 2008 decision, the District Court of Delaware rejected antitrust and unjust enrichment claims by a generic drug manufacturer for failing to satisfy the “sham litigation” exception to the Noerr-Pennington Doctrine. Braintree Labs v...

Ninth Circuit Affirms Dismissal Of Foreign DRAM Purchaser's Price-Fixing Claim For Lack Of Subject-Matter Jurisdiction Under The Foreign Trade Antitrust Improvement Act

Posted on September 12, 2008
On August 14, 2008, the United States Court of Appeals for the Ninth Circuit affirmed a district court's dismissal for lack of subject-matter jurisdiction of a foreign DRAM purchaser's claim of price fixing against defendant DRAM manufacturers. In re Dynamnic Random Access Memory (DRAM) Antitrust Litig...

International Highlights for August 2008

Posted on August 15, 2008
According to press reports, three agencies and a governing Anti-Monopoly Commission will comprise China's competition enforcement regime when the country's long-awaited Anti-Monopoly Law takes effect on 1 August. It has been reported that enforcement duties will be split between the Ministry of Commerce, the National Development and Reform Commission and the State Administration for Industry and Commerce...

Franchisee Fails In Tying and Conspiracy Case Against Shell Oil Products

Posted on August 15, 2008
The Ninth Circuit recently affirmed the dismissal of a franchisee's tying and price fixing conspiracy claims against its franchisor, Equilon Enterprises LLC, which does business as Shell Oil Products. Rick-Mik Enterprises, Inc. v. Equilon Enterprises LLC, __ F...

China's New Merger Rules

Posted on August 15, 2008
Since the 2003 issuance of the Provisions on the Takeover of Domestic Enterprises by Foreign Investor ("Old Rule"), the Ministry of Commerce ("MOFCOM") has handled more than 500 pre-merger filings. Among those filings, 85% to 95% of mergers were passed after initial review, while the rest triggered expanded review, and in some cases, hearings...

International Highlights for August 2008

California Court of Appeal Drops The Other Shoe: Pass-on Defense Viable

Posted on August 15, 2008
On July 25, 2008, in a case that presented an issue of first impression in California antitrust law, California’s Court of Appeal of the First Appellate District ruled that the pass-on defense is available to defendants accused of price-fixing. See Clayworth v...

China's New Merger Rules

Posted on August 13, 2008
Since the 2003 issuance of the Provisions on the Takeover of Domestic Enterprises by Foreign Investor ("Old Rule"), the Ministry of Commerce ("MOFCOM") has handled more than 500 pre-merger filings. Among those filings, 85% to 95% of mergers were passed after initial review, while the rest triggered expanded review, and in some cases, hearings...

Franchisee Fails In Tying and Conspiracy Case Against Shell Oil Products

Posted on August 08, 2008
The Ninth Circuit recently affirmed the dismissal of a franchisee's tying and price fixing conspiracy claims against its franchisor, Equilon Enterprises LLC, which does business as Shell Oil Products. Rick-Mik Enterprises, Inc. v. Equilon Enterprises LLC, __ F...

California Court of Appeal Drops The Other Shoe: Pass-on Defense Viable

Posted on August 08, 2008
On July 25, 2008, in a case that presented an issue of first impression in California antitrust law, California’s Court of Appeal of the First Appellate District ruled that the pass-on defense is available to defendants accused of price-fixing. See Clayworth v...

Online Purchaser Lacks Injury-in-Fact Required By Article III

Posted on July 08, 2008
The Ninth Circuit recently affirmed the dismissal of the claims of an antitrust plaintiff on the ground that he lacked the injury-in-fact required for Article III standing. Gerlinger v. Amazon.com Inc. and Borders Group, Inc., 526 F.3d 1253 (9th Cir...

International Highlights

Posted on July 08, 2008
On June 30, the European Commission ("EC") introduced a settlement procedure for cartels which will allow the EC to settle cartel cases through a simplified procedure. Under this procedure, alleged cartels participant having seen the evidence in the EC's file can "choose to acknowledge their alleged involvement in the cartel and their liability for it"...

Online Purchaser Lacks Injury-in-Fact Required By Article III

Posted on July 07, 2008
The Ninth Circuit recently affirmed the dismissal of the claims of an antitrust plaintiff on the ground that he lacked the injury-in-fact required for Article III standing. Gerlinger v. Amazon.com Inc. and Borders Group, Inc., 526 F.3d 1253 (9th Cir...

Hospital Lacks Antitrust Standing To Pursue Claims Against Johnson & Johnson Where, Pursuant To An Agreement With J&J, Hospital Purchased Products From A Distributor

Posted on June 09, 2008
On April 30, 2008, the Ninth Circuit Court of Appeals ruled that Bamberg County Memorial Hospital and Nursing Center ("Bamberg") lacked standing to pursue its antitrust claims against Johnson & Johnson, Inc. ("J & J"). See Delaware Valley Surgical Supply, Inc...

California District Court Finds Joint Venture Parties' Price Setting Not Per Se

Posted on June 09, 2008
Delving into "one of the darkest corners of antitrust law," the federal District Court for the Northern District of California recently determined what standard – the per se rule or the rule of reason – should apply to judge the setting of prices by members of a joint venture...

Hospital Lacks Antitrust Standing To Pursue Claims Against Johnson & Johnson Where, Pursuant To An Agreement With J&J, Hospital Purchased Products From A Distributor

Grocery Store Can Sell Below-Cost Discounts On Gas With Grocery Purchases After Tenth Circuit Reverses Jury Verdict For Competitors

Posted on June 09, 2008
On April 25, 2008, the Tenth Circuit of the United States Court of Appeals reversed a jury's judgment in favor of competitors who challenged a grocery store's practice of offering below-cost discounts on gasoline conditioned on the purchase of a qualifying amount of groceries sold in the store...

FTC Grants Petition To Permit Resale Price Maintenance

Posted on June 09, 2008
The willingness of federal enforcement agencies to lift resale price maintenance ("RPM") prohibitions in light of the Supreme Court's decision holding RPM was no longer per se illegal was demonstrated recently by the FTC. In re Nine West Group, Inc...

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