Tag: Court
Tying and Consumer Harm
Daniel Crane, Dec 20, 2012
Brantley raises important issues of law, economics, and policy about tying arrangements. Under current legal principles, Brantley was on solid...
Brantley Versus NBC Universal: Where’s the Beef?
Dennis Carlton, Michael Waldman, Dec 20, 2012
As with other important cases involving firms such as Kodak and Microsoft, the recent Brantley case raises interesting...
Hot Documents, CEOs as Star Witnesses, and Litigating to Win: What...
Amanda Reeves, Dec 12, 2012
The Federal Trade Commission and Department of Justice Antitrust Division are hot to trot about merger litigation these days-and with...
Abuse of Regulatory Procedures in the Pharmaceutical Sector Developments Since the...
Patrick Harrison, Kristina Nordlander, Jul 27, 2012
In June 2005, the European Commission issued a decision finding that AstraZeneca had breached Article 102 TFEUby engaging...
Pharmaceutical Patents, Settlements, Reverse Payments, and Exclusion: Update
John Bigelow, Jul 27, 2012
In the June issue of this Chronicle my fellow contributors and I described a trend in appellate court decisions involving...
Eleventh Circuit Rejects the Strength of a Patent as a Criterion...
Jodi Lucena-Pichardo, William Rooney, Jun 27, 2012
The Eleventh Circuit's recent decision in Federal Trade Commission v. Watson Pharmaceuticals, Inc. (the "AndroGel" decision) addresses the latest...
Federal Trade Commission Suffers Another Setback in Its Campaign to End...
William Michael, Aidan Synnott, Jun 27, 2012
For over a decade, the Federal Trade Commission has sought, with little success, to end "reverse settlement" payments...
Should the e-Book Case Presage the Decline of The Per Se...
Steven Semeraro, Jun 13, 2012
The U.S. Department of Justice, Antitrust Division ("Division"), has filed a high profile case against Apple and several large book...
Class Certification in Innovation Rich Spaces – Do 23(b)(3) Classes Need...
David Reichenberg, Apr 17, 2012
In recent years, the backdrop for antitrust class actions has increasingly been provided by technological innovation. Take the following hypothetical:...
Are Rights Finally Becoming Fundamental?
Patrick Harrison, Kristina Nordlander, Feb 22, 2012
In the landmark 2005 Article 102 TFEU case regarding Losec, AstraZeneca was fined EUR 60 million for conduct...
