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Apple v. Pepper: Supreme Court Rejects Attempt to Block Consumer Claims Under Indirect-Purchaser Rule

				
Posted  05/15/19
										

						By						  
													Harrison J. McAvoy	
												
									

				 
								 				The Supreme Court on Monday issued a much-anticipated  in the Apple v. Pepper case, where iPhone owners are accusing Apple of monopolizing the retail market for iOS applications, or apps.

The Court ruled in favor of the plaintiffs, holding that iPhone owners have standing to pursue a claim for damages against Apple under the federal antitrust laws. The decision has significant implications in terms of both...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  05/13/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The Louisiana Real Estate Appraisers Board will be able to argue that it made a good faith attempt to comply with federal law when a Federal Trade Commission challenge to its fee-setting rules goes to trial before an administrative law judge in...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  05/6/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  Facebook’s announcement in late April that it had set aside $3 billion to $5 billion to settle claims that it mishandled users’ personal data suggested a strong consensus by federal regulators that the social media giant needed to...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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Federal Court Extends Tunney Act Review to Embrace Mini-Trial on DOJ Settlement of CVS-Aetna Merger

				
Posted  05/3/19
										

						By						  
													James J. Kovacs	
												
									

				 
								 				In a rather extraordinary move, United States District Court Judge Richard J. Leon has ordered a  to determine whether the  U.S. Department of Justice (“DOJ”) settlement green-lighting the merger of CVS Health and Aetna is in the public interest.

To date, no federal court has ordered a  hearing with testimony from various concerned non-parties.  While it remains to be seen whether the...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  04/29/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  They all tell a similar story: They ran apps that helped people limit the time they and their children spent on iPhones. Then Apple created its own screen-time tracker. And then Apple made staying in business very, very difficult. Over the past...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  04/22/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following..

.  For the past two years, Apple and Qualcomm have dueled on three continents over the division of billions of dollars of smartphone profits and even how much consumers pay for their phones. On Tuesday, just as a trial had begun in a federal courtroom in...				 
				 					 

						
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Plaintiffs Targeting Biologic-Biosimilars Settlements with Pay-for-Delay Antitrust Claims

				
Posted  04/18/19
										

						By						  
													James J. Kovacs	
												
									

				 
								 				Antitrust principles that can invalidate certain pay-for-delay settlements will be expanding into the new frontier of biologic and biosimilar drugs if plaintiffs in several new suits are successful.

Recently-filed  against AbbVie, manufacturer of a leading biologic drug, Humira, and numerous biosimilar manufacturers are alleging that settlements between the AbbVie and various biosimilar...				 
				 					 

						
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The Antitrust Week In Review

				
Posted  04/15/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  Nasty legal battles are nothing new in the tech industry. But Apple’s conflict with the wireless chip maker Qualcomm, headed for a crucial court showdown this coming week, has a special intensity. The two companies, once partners of a...				 
				 					 

						
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													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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Duke Settles Class Action Alleging “No-Poach” Conspiracy with UNC

				
Posted  04/11/19
								

				 
								 				By Ethan E. Litwin and J. Wyatt Fore --

While Duke University and the University of North Carolina (“UNC”) may be fierce sporting rivals on “Tobacco Road,” their alleged agreement not to compete for medical school faculty demonstrates how easily competing employers can find themselves ensnared in an antirust briar patch.

It is now being reported that Duke has settled Seaman v. Duke University, a class...				 
				 					 

						
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Visa’s Proposed Acquisition of Earthport – A Good Test for Antitrust in the 21st Century

				
Posted  04/10/19
										

						By						  
													Jeffrey I. Shinder	
												
									

				 
								 				As the 2020 Presidential election begins to heat up, something unusual is happening – antitrust policy is being bandied about as an election issue.  The reason for this is simple.  We live in an era of increasing concentrations of wealth and industrial power.  While the impulse to look at antitrust as part of the solution makes perfect sense, many of the proposals on the table, including the suggestion by one...				 
				 				
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