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Carl W Hittinger

Carl W Hittinger

March 29, 2019 | The Legal Intelligencer

The NCAA, Which Is Tied to Education, May Be a Necessary Monopoly

A class of athletes recently challenged the NCAA's governing policies on antitrust grounds and won, but how much of a victory it is remains to be seen.

By Carl W. Hittinger and Jeanne-Michele Mariani

8 minute read

March 01, 2019 | The Legal Intelligencer

Circuit Judge Thomas Vanaskie's Antitrust Legacy: 2 Significant Cases

Judge Thomas I. Vanaskie recently retired from the federal bench, following more than 16 years as a district judge in the Middle District of Pennsylvania, including seven years as the chief judge, and more than eight years on the U.S. Court of Appeals for the Third Circuit.

By Carl W. Hittinger and Julian Perlman 

9 minute read

January 25, 2019 | The Legal Intelligencer

Big, But Not Bad—Facebook Is Hardly a Predatory Monopolist

While Facebook is arguably a big player in the social media realm, does that necessarily equate to branding it an illegal monopolist? The short answer is no as Facebook would need to be big and bad to flirt with an antitrust violation.

By Carl W. Hittinger and Jeanne-Michele Mariani

10 minute read

November 30, 2018 | The Legal Intelligencer

Price Hikes and Spikes and the Antitrust Laws

Nearly four years ago, “Pharma bro” Martin Shkreli made headlines after his pharmaceutical company raised the price of the brand name drug Daraprim…

By Carl W. Hittinger and Jeanne-Michele Mariani

7 minute read

October 26, 2018 | The Legal Intelligencer

Justice Kavanaugh's Antitrust Testimony Before the Senate Judiciary Committee

As some presidents can attest, U.S. Supreme Court justices are more likely to change their judicial philosophies once appointed than any other nominee to the federal court system.

By Carl W. Hittinger and Jeanne-Michele Mariani

9 minute read

August 24, 2018 | The Legal Intelligencer

Is Judge Kavanaugh a Fan of Antitrust Laws? Let's Take a Look

We know Judge Brett Kavanaugh is a fan of the Washington Nationals. But is he also a fan of the antitrust laws?

By Carl W. Hittinger and Tyson Y. Herrold 

11 minute read

July 27, 2018 | The Legal Intelligencer

'Actavis' and Reverse-Payments Suits in the Third Circuit After Five Years

For over 20 years, purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and ranked as one of the Federal Trade Commission's top enforcement priorities, with private plaintiffs and the FTC alike claiming such agreements have cost consumers millions of dollars by keeping generic drugs off the market.

By Carl W. Hittinger and Jeffry W. Duffy

2 minute read

June 22, 2018 | The Legal Intelligencer

How Smart Is the Proposed Merger Review SMARTER Act?

On May 9, the Standard Merger and Acquisition Reviews Through Equal Rules (SMARTER) Act passed the House of Representatives by a 230-185 vote.

By Carl W. Hittinger and Tyson Y. Herrold

1 minute read

May 04, 2018 | The Legal Intelligencer

Class Actions Now Flowing From FTC and DOJ's No-Poach Enforcement

In our article last month, we discussed the Federal Trade Commission (FTC) and the Department of Justice's (DOJ) jointly issued guidance to HR professionals warning that naked employee no-poach agreements could be criminally prosecuted.

By Carl W. Hittinger and Tyson Y. Herrold

9 minute read

March 30, 2018 | The Legal Intelligencer

DOJ Now Targeting HR Professionals for Criminal Antitrust Violations

Human capital (i.e., skilled labor) has become increasingly vital to the success of business enterprises. But such invaluable capital can also be extremely difficult to attract and retain, as corporate loyalty has become less of a two-way street and the gold ring of opportunity swings by.

By Carl W. Hittinger and Tyson Y. Herrold

9 minute read