The US Federal Trade Commission (FTC) recently issued a policy statement "to put market participants on notice that the FTC intends to scrutinize improper Orange Book listings...

The Federal Circuit remanded-in-part for the district court to determine whether Tyco's citizen petition to the FDA gave rise to antitrust liability.

A U.S. District Court ruled in favor of the Board of Trade of the City of Chicago, Inc. ("CBOT") and ME from allegations that they conspired to stop the CFTC from approving the application of a competing exchange.

Calls for Removal of Device Patents Listed in the Orange Book Continue.

On September 30, the U.S. District Court for the Eastern District of Virginia granted in part and denied in part the Motion to Dismiss filed by Amgen, Inc. and Immunex Corporation ("Amgen")...

Federal Trade Commission (FTC) Chairman Andrew N. Ferguson issued warning letters to 42 U.S. law firms on January 30, 2026, regarding potentially unfair and anticompetitive employment practices tied to diversity, equity, and inclusion (DEI) hiring initiatives

As is common with a blockbuster drug, AbbVie's Humira faced an antitrust challenge from third-party payers. The third-party payers filed an antitrust action claiming AbbVie's patent strategy...

Boston seems to be the venue for action at the far extremes in copyright enforcement. On the one hand, as discussed in earlier posts, a local jury found an individual, music downloader Joel Tenenbaum, liable for $675,000 in damages (following a much publicized but unsuccessful defense by a Harvard Law School faculty member), and the First Circuit followed with an owner-friendly opinion affirming the jury’s award.

In many technology-related markets, an industry standard will emerge to provide a common framework or format to ensure interoperability among related products and to foster the development of ancillary or peripheral devices.

In many technology-related markets, an industry standard will emerge to provide a common framework or format to ensure interoperability among related products and to foster the development of ancillary or peripheral devices.

On August 12, 2025, the Federal Trade Commission (FTC) announced it had closed its investigation into possible antitrust violations by four truck manufacturers...

On September 15, California Attorney General Rob Bonta announced the filing of a 135-page complaint against major oil producers and their main trade association. The suit alleges generally that the defendants...

The FTC's recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker...

The Russian merger control rules are set forth in the Russian federal law "On the Protection of Competition" (the "Competition Law").

The ideological battle over the role of Environmental, Social and Governance (ESG) investment standards intensified last week, as the Texas Attorney General and 10 other Attorneys General sued three asset management companies, alleging that ESG strategies pursued by these companies in relation to coal production violated federal and state antitrust laws.

Medical societies and associations of health professionals routinely adopt and disseminate practice guidelines, opine in position papers, provide expertise, and engage in advocacy before policymakers and, increasingly, before third-party payors on issues of concern to their membership. While these activities are generally designed to promote the highest quality patient care, they often, too, are in the best interest, sometimes the best pecuniary interest, of their members, and sometimes also hav

The U.S. Department of Justice's Antitrust Division has issued a series of statements and policy guidance clarifying that strong patent rights and antitrust enforcement are complementary forces that together promote innovation. Through recent court filings and official speeches, the DOJ has addressed critical questions about injunctive relief for patent holders, the relationship between standard-essential patents and market power, and the proper boundaries between contract disputes and antitrust violations.

In an important decision, the U.S. Supreme Court has held that, where a state professional regulatory board is controlled by active market participants in the profession the board regulates, the board cannot claim "state action" antitrust immunity unless it is actively supervised by other state officials who are not active market participants.

The US Court of Appeals for the Eighth Circuit affirmed a grant of summary judgment dismissing antitrust and tortious interference claims based on fraudulent procurement of patents...

United States ex rel. Schutte v. Supervalu Inc., Nos. 21-1326 & 22-111. With four separate groups having already filed amicus briefs, DOJ has submitted its own brief...