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On February 28, 2006, the U.S. Supreme Court issued an important decision for joint ventures and companies that form and invest in joint ventures.

On January 7, 2010, the United States Court of Appeals for the Third Circuit issued its decision in Feesers, Inc. v. Michael Foods, Inc. and Sodexho, Inc., Case No. 09-2548 (3d Cir. Slip op., Jan. 7, 2010), which addresses the "competing purchaser" requirement of price discrimination claims under the Robinson-Patman Act of 1936 (RPA), 14 U.S.C. § 13(2).

In challenging economic times, many businesses, and not a few industries, feel under siege.

Recent state-level legislative changes and regulatory discussions at the National Conference of State Liquor Administrators reveal shifting priorities in alcohol beverage regulation.

Continuing a trend of renewed focus on antitrust law, the Supreme Court recently agreed to hear two cases that should clarify the ability of a manufacturer to control the prices at which its products are resold in the distribution chain and the extent to which conduct subject to industry regulation is impliedly immune from antitrust law.

Direct and indirect purchasers challenged the settlements under Actavis and the defendants moved to dismiss.

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer.

Section 301gives USTR broad authority to respond to a foreign country's unfair trade practices.

In “New England Carpenters Heath Benefits Fund v. McKesson Corporation”, 573 F.Supp.2d 431 (D.C.MA 2008), the District Court of Massachusetts granted McKesson’s Motion to Dismiss Plaintiffs’ proposed national class action based on the allegations that the drug wholesaler engaged in unlawful price-fixing by entering into an agreement with First DataBank, a publishing company, to inflate the "average wholesale price" ("AWP") for numerous prescription pharmaceuticals in violation of the Sherman Act

Sheppard Mullin's EU team has created a list of major legal shifts that await General Counsel and Compliance Officers in the areas of competition, EU regulatory and trade in 2017.

Last week, at the Antitrust in Healthcare Conference held by the American Bar Association (ABA), the Federal Trade Commission (FTC) and the Department of Justice (DOJ) affirmed their commitment to monitoring the competitive effects of accountable care organizations (ACOs).

Plaintiff Bebe Au Lait sells nursing covers. It was the first company to make and sell, pursuant to patent, a flexible, convex stiffener located across the top of a nursing cover ("udder cover") that can be bent to allow a nursing mother to view a nursing infant, and then returned to its original shape.

The Federal Energy Regulatory Commission (FERC or the Commission) recently opted not to take action to set aside the results of a power auction that was allegedly manipulated.

The US Department of Justice has filed antitrust lawsuits against major hospital systems, alleging that contractual restrictions imposed on health insurers prevent lower-priced plans and stifle competition.

On September 28, 2016, in Mylan Pharmaceuticals Inc. v. Warner Chilcott Public Limited Co., the Third Circuit affirmed the lower court's grant of summary judgment against antitrust claims by generic manufacturer Mylan.

On November 14, 2014, the National Collegiate Athletic Association ("NCAA") filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as violating the federal antitrust laws.

On September 29, 2014, we asked: "Does a Compliance Program Matter to U.S. Antitrust Enforcers?"

Recent federal and state developments reveal the ongoing tension between traditional alcohol regulation and emerging market forces.