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Elai Katz

Elai Katz

February 16, 2012 | New York Law Journal

Class Action Issues: Certification, Settlement and Arbitration

In his Antitrust column, Elai Katz, a partner at Cahill Gordon & Reindel, reviews a Seventh Circuit decision that patients and payors challenging a hospital merger should not have been required to show uniform price increases to obtain certification to pursue their claims as a class, a Second Circuit reaffirmation of its ruling that a class arbitration waiver clause was not enforceable because it would effectively preclude the plaintiffs' ability to vindicate their rights, and more.

By Elai Katz

12 minute read

March 22, 2013 | New York Law Journal

Second Circuit Won't Revive 'Auction Rate Securities' Conspiracy Case

In his Antitrust column, Elai Katz, a partner at Cahill Gordon & Reindell writes that other antitrust developments of note included a ruling by the U.S. Court of Appeals for the Ninth Circuit that plaintiffs who bought price-fixed goods outside the state could bring claims under California antitrust law because the alleged collusion took place in the state and the European Commission's decision to prohibit Ryanair's renewed proposal to acquire rival Irish airline Aer Lingus.

By Elai Katz

12 minute read

July 18, 2013 | New York Law Journal

Supreme Court: Patent Settlements Must Face Antitrust Scrutiny

In his Antitrust column, Elai Katz, a partner at Cahill Gordon & Reindel, discusses the Supreme Court's ruling that "reverse payment" settlements of patent disputes could be unlawful and the court's holding that contractual provisions prohibiting class arbitration must be enforced, despite the contention that the cost of pursuing individual antitrust claims exceeds the likely recovery, and other decisions of note.

By Elai Katz

15 minute read

February 25, 2013 | New York Law Journal

Supreme Court: Hospital Merger Not Immune Under State Action

In his Antitrust column, Elai Katz, a partner of Cahill Gordon & Reindel, reviews recent developments including a ruling that the state action doctrine did not shield the combination of two Georgia hospitals from FTC scrutiny because the state did not clearly articulate a policy empowering the local hospital authority to undertake mergers that will substantially lessen competition.

By Elai Katz

13 minute read

July 23, 2009 | New York Law Journal

Antitrust

Elai Katz, a partner of the firm of Cahill Gordon & Reindel, analyzes recent rulings, including a Ninth Circuit rulilg that, in light of the U.S. Supreme Court's recent price-squeeze opinion, a monopoly leveraging claim could not be asserted by purchasers of HIV drugs and a Second Circuit decision that a public hospital was shielded from antitrust scrutiny under the state action immunity doctrine but that physicians practicing at the hospital would have to show that they were actively supervised to benefit from the doctrine.

By Elai Katz

9 minute read

February 23, 2011 | New York Law Journal

Mattress Maker Averts Resale Price Maintenance Challenges

In his Antitrust column, Cahill Gordon & Reindel partner Elai Katz reviews recent developments, including the results of a federal and a state action against Tempur-Pedic, the Seventh Circuit's rejection of a claim that two health insurers unlawfully restrained trade in the months leading up to their merger and the DOJ's challenge of Comcast and NBC Universal's joint venture.

By Elai Katz

10 minute read

January 22, 2009 | New York Law Journal

Antitrust

Elai Katz, a partner at Cahill Gordon & Reindel, reviews recent developments of interest, including the Third Circuit's ruling that a district court applied too lenient a standard in certifying a class in a chemical price-fixing case, a Ninth Circuit decision that a health care provider should have been permitted to try its claims that a brand-name drug maker monopolized the market by defrauding the patent office and an administrative complaint brought by the FTC challenging the now-abandoned combination of rival suppliers of landscape construction materials.

By Elai Katz

9 minute read

January 26, 2007 | Corporate Counsel

Recent Antitrust Developments Rounded Up

William T. Lifland, senior counsel at Cahill Gordon & Reindel, and Elai Katz, a Cahill partner, discuss recent antitrust developments of interest. The two analyze the 2nd Circuit's ruling on an alleged monopolist's appointment of an exclusive distributorship for its lumber products, and also outline a district court decision that sufficient evidence at trial supported a finding that generic anti-anxiety drugs constituted a separate relevant market to the exclusion of brand name versions of the same drugs.

By William T. Lifland and Elai Katz

6 minute read

February 23, 2006 | New York Law Journal

Antitrust

William T. Lifland, senior counsel of the firm of Cahill Gordon & Reindel, and Elai Katz, a partner at the firm, write that the U.S. Court of Appeals for the Seventh Circuit ruled that the transfer of business from a non-union firm to a union firm did not constitute antitrust injury.

By William T. Lifland and Elai Katz

8 minute read

October 27, 2005 | New York Law Journal

Antitrust

William T. Lifland, senior counsel of the firm of Cahill Gordon & Reindel, and Elai Katz, a partner at the firm, review recent antitrust decisions of interest including the denial of certification of a class of air travelers alleging monopolization of three airport hubs through "predation by reputation" and a determination by a district court that claims of an unlawful tie between the purchase of digital music from an online music store and a digital music player stated a cause of action.

By William T. Lifland and Elai Katz

10 minute read


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