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  • Article

    AlarMax's Robinson-Patman Claims Against Honeywell Survive

    AlarMax Distributors Inc. may pursue price discrimination claims under the Robinson-Patman Act (RPA) against Honeywell International Inc., a federal judge in Pennsylvania ruled last week.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Antitrust Regulators Seek "Superhero" Cooperation

    The head of the Department of Justice's criminal antitrust unit called Monday for greater international cooperation in limiting the cost for companies to cooperate with investigators.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Court Rules Against American Express Based on Both Direct and Indirect Evidence of Harm to Competition

    On February 19, 2015, the District Court for the Eastern District of New York issued its ruling on liability in United States v. American Express.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Court Sacks Photographers’ Antitrust Claims Against The NFL And Its Member Teams

    Allegations of conspiracy to restrain trade and exclusive dealing may read like textbook antitrust claims, but if the allegations are made by a plaintiff who is not an "efficient enforcer" of the antitrust laws, the complaint is vulnerable to a motion to dismiss.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    FTC Looks To Impact On Generic Competition In Ruling On Actavis Acquisition Of Forest Laboratories

    On June 30, 2014, the FTC announced in a series of orders that it would consent to Actavis PLC’s acquisition of Forest Laboratories only under certain conditions.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    In re Capacitors Antitrust Class Action Litigation Survives Motion To Dismiss

    Defendants in the case are foreign manufacturers of capacitors, many of which are based in Japan, and their U.S. subsidiaries.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    March Madness For Foreign Companies: Supreme Court Asked To Resolve Circuit Split On Reach Of FTAIA

    The Supreme Court has been urged to resolve a circuit split concerning the reach of the Foreign Trade Antitrust Improvements Act to foreign conduct that may affect U.S. commerce.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Second Circuit Affirms Preliminary Injunction In People Of The State Of New York v. Actavis PLC

    Whether this test will continue to hold or be further refined will need to await further litigation (or a possible further appeal of this decision).
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Second Circuit Hears Argument In People of the State of New York v. Actavis PLC

    On April 13, 2015 the Second Circuit (Hon. Walker, Raggi, Droney) heard oral argument in People of the State of New York v. Actavis PLC.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Seventh Circuit To Motorola: No Rehearing En Banc

    On December 1, 2014, we wrote about the Seventh Circuit’s decision in Motorola Mobility LLC v. AU Optronics Corp., which affirmed dismissal of the vast majority of Motorola’s claims regarding LCD panels.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Solicitor General, States Weigh In On Apple Supreme Court Case

    As the Supreme Court prepares to hear Apple Inc. v. Pepper, a major case involving antitrust standing, interested parties across the political spectrum are weighing in with their ideas of how the case should be resolved.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Top Components Of Effective Antitrust Corporate Compliance Programs, Part 2

    Last week we posted a discussion concerning effective antitrust corporate compliance programs, and provided some factors that in-house counsel should consider in developing compliance programs governing employees’ communications with competitors and dealings with customers and suppliers.
    United StatesAntitrust/Competition Law
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Decision Alert: Second Circuit Holds There is No Substantive Right to Pursue Title VII Pattern-or-Practice Claims

    Last week, the Second Circuit weighed in again on the enforceability of an arbitration provision in Parisi v. Goldman, Sachs & Co., No. 11-5229-cv (2d Cir. Mar. 21, 2013).
    United StatesEmployment and HR
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Biosimilar Makers Turn To IPRs Before Litigation Under The BPCIA

    A number of biosimilar makers have turned to inter partes review proceedings in order to litigate the validity of patents that cover their proposed products prior to submission of their biosimilar applications to FDA.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Global Inquiries Into Drug Price Increases

    European competition authorities announced this week an investigation into Aspen Pharmacare's recent price hikes of five cancer drugs.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Section 1126 Of The Bankruptcy Code And The Dangers Of Sleeping On Your Rights As A Creditor

    A seat at the table: this is what you likely want when your financial interests are drawn into a bankruptcy court proceeding.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    The Importance Of Loan Underwriting When Restrictions On Bankruptcy Cannot Singlehandedly Save The Day: Sutton 58 Associates LLC V. Phillip Pivelsky, Et Al.

    In sophisticated real estate financing transactions, most prudent lenders attempt to deter borrowers from filing for bankruptcy before loans are paid ...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Circuit Holds That Supreme Court's Rehaif Decision Did Not Announce New Rule Of Constitutional Law

    At least in the case of those inmates who have already filed a 2255 petition in the Second Circuit, Rehaif will not justify making a second or successive petition.
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Supreme Court Clarifies Standing For False Advertising Cases

    On March 25, 2014, the United States Supreme Court issued a unanimous decision resolving an important issue that has implications for companies seeking redress for false advertising and disparagement. In
    United StatesLitigation, Mediation & Arbitration
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP
  • Article

    Part 1: DOJ Weighs In On Cyber Investigations & Breach Preparedness

    The U.S. Department of Justice is increasing its outreach to the private sector on all things cyber. Last week, the DOJ's Criminal Division held a cybersecurity roundtable to discuss challenges in handling data breach investigations.
    United StatesTechnology
    Patterson Belknap Webb & Tyler LLP
    Patterson Belknap Webb & Tyler LLP

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