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New York Law Journal

Breaking With Magistrate, Judge Dismisses Expert Pharma Witness

Acknowledging the rarity of such a step, U.S. District Chief Judge Colleen McMahon of the Southern District of New York said she was compelled to break with a U.S. magistrate judge's recommendation to allow an expert to testify in a suit over Alzheimer's drugs.
12 minute read

New Jersey Law Journal

In re: Lipitor Antitrust Litig.

Claims of Favorable Reverse Payment Settlement Agreements Were Sufficient to Constitute Allegation of Anticompetitive Activity
4 minute read

New York Law Journal

Simon Property Group, NY Attorney General Settle for $945K Over 'Anti-Competitive Tactics'

Simon Property Group Inc., the largest mall operator in the United States, is ending decades-old practices alleged to be anti-competitive at one of its New York outlet shopping malls after reaching a $945,000 settlement with New York Attorney General Eric Schneiderman.
3 minute read

New Jersey Law Journal

3rd Circuit Revives Pair of Antitrust Suits Over 'Pay for Delay'

The U.S. Court of Appeals for the Third Circuit has overturned the dismissal of two antitrust suits over "reverse settlements" in which patent holders sought to delay the sale of generic versions of blockbuster drugs.
11 minute read

New York Law Journal

Efficiencies Defenses to Merger Challenges

Antitrust columnist Elai Katz writes: In a thorough opinion evaluating the legality of a health insurance merger under antitrust law, the D.C. Circuit considered whether and when efficiencies may offset competitive concerns. Rejecting arguments that anticipated health care cost reductions should spare Anthem's proposed acquisition of Cigna from an antitrust challenge, a split panel upheld an injunction blocking the proposed merger because it was likely to lessen competition without offsetting benefits.
10 minute read

Litigation Daily

In 'Especially Unpleasant and Nasty' Suit, Carlton Fields Client Must Pay $18.5M Legal Bill from Cooley

Litigation is rarely nice. But sometimes it's so ugly that you just have to stop and gawk. The antitrust battle between pharmaceutical manufacturing and marketing companies Procaps SA and Patheon Inc. is one of those cases.
34 minute read

Corporate Counsel

Chief Compliance Officer Blamed for Faulty SEC Filing

It's just the latest instance of federal regulators pointing the finger at CCOs.
3 minute read

The Legal Intelligencer

In Re: Blood Reagents Antitrust Litig., PICS Case No. 17-1246 (E.D.Pa. July 19, 2017) DuBois, J. (64 pages).

Defendant's summary judgment motion on Sherman Act violation denied to the extent plaintiffs presented sufficient evidence that defendant's shift in price increase strategy represented "abrupt" change for industry and was paralleled by sole competitor. Summary judgment denied in part and granted in part.
7 minute read

Corporate Counsel

DOJ Asks Supreme Court Not to Hear Amex Antitrust Case

It's unusual for the DOJ to actively oppose the granting of cert in a case it brought in the past, even if there's a new attorney general in town.
5 minute read

The Legal Intelligencer

3rd Circuit Upholds Dismissal of Wellbutrin 'Reverse Payment' Cases

The U.S. Court of Appeals for the Third Circuit has upheld a Pennsylvania federal judge's dismissal of antitrust claims against GlaxoSmithKline over a patent infringement settlement with generic drugmakers allegedly aimed at delaying market entry of generic versions of the popular antidepressant Wellbutrin XL.
3 minute read

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