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Supremes To Return To Health Care Market

				
Posted  07/9/12
								

				 
								 				As the United States continues to process the Supreme Court’s opinion on the constitutionality of the Affordable Care Act, the Court has accepted another important case in the health care industry.

The Supreme Court has granted the FTC’s petition challenging a hospital merger in Federal Trade Commission v. Phoebe Putney Health System, Inc.  Antitrust practitioners are closely following the case because the...				 
				 					 

						
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													  Monopolization, 
												
						

					
	
								
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Court Holds Football Players’ Claims Fail To Thread American Needle

				
Posted  06/27/12
								

				 
								 				Football players’ antitrust claims that the National Football League (“NFL”) and teams conspired to deprive them of their rights to football game footage are being kicked out of court after a federal judge found that the plaintiffs had failed to come within the Supreme Court’s holding in .

Judge Paul A. Magnusen of the U.S. District...				 
				 					 

						
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													  Antitrust Litigation, 
													  Intellectual Property Law and Antitrust, 
													  Monopolization, 
												
						

					
	
								
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Pharmacies Allege Antidepressant Manufacturers Depressed Generic Competition

				
Posted  06/22/12
								

				 
								 				CVS and Rite Aid pharmacies have filed an antitrust complaint in the U.S. District Court for the District of New Jersey against Wyeth Inc. and Teva Pharmaceuticals for allegedly conspiring to keep generic versions of the popular antidepressant Effexor XR out of the hands of consumers.

The two pharmacies allege in Rite Aid Corp et al. v. Wyeth Inc. et al, that the anticompetitive conspiracy included fraudulently...				 
				 					 

						
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Seventh Circuit Finds Interlocking Directors Cause No Antitrust Injury To Shareholders

				
Posted  06/20/12
								

				 
								 				The U.S. Court of Appeals for the Seventh Circuit has rejected a shareholder derivative action on the ground that that the shareholders suffered no antitrust injury from interlocking directorships even though such accumulation of market power may violate federal antitrust law.

The Seventh Circuit reached this conclusion in ordering the dismissal of the complaint in Robert F. Booth Trust v. Crowley, a shareholder...				 
				 					 

						
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Cable Companies Facing Antitrust Investigation Of Video Streaming Limits

				
Posted  06/15/12
								

				 
								 				The U.S. Department of Justice (“DOJ”) is conducting an investigation to determine whether or not Internet usage caps and subscription perks offered by large cable and Internet providers violate antitrust laws by unreasonably restraining streaming video.

 that the DOJ’s Antitrust Division has spoken about Internet data caps with Comcast, Time Warner Cable, and other cable...				 
				 					 

						
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Players Charge NFL Imposed Collusive Salary Cap

				
Posted  06/11/12
								

				 
								 				The National Football League Players Association has filed a collusion claim against the NFL, its clubs, and team owners alleging a secret $123 million per-Club salary cap during the 2010 uncapped season.

The suit was filed in the U.S. District Court of Minnesota just one day after that court upheld NFL sanctions against the Cowboys and the Redskins for front-loading player contracts in 2010.

In appealing the...				 
				 					 

						
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Proposed Universal-EMI Merger Could Remix Antitrust And Copyright Law

				
Posted  06/7/12
								

				 
								 				The proposed Universal-EMI merger could lead to another remix of antitrust and copyright law as regulators grapple with consolidation in the recorded-music business.

Notably, the proposed acquisition could affect digital sampling, the technique musicians use to digitally copy and remix sounds from existing albums into a new sound recording.

The FTC and the European Commission are reviewing the proposed merger...				 
				 					 

						
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													  Intellectual Property Law and Antitrust, 
													  International Competition Issues, 
												
						

					
	
								
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European General Court Slams MasterCard’s Cross-Border Fees

				
Posted  06/5/12
								

				 
								 				The European General Court in Luxembourg, the European Union’s second-highest court,  by the European Commission that MasterCard’s multilateral interchange fees on cross-border transactions unfairly restrict competition and harm retailers and consumers.

In , the General Court ruled that MasterCard has violated EU competition laws with its interchange fees...				 
				 					 

						
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													  International Competition Issues, 
												
						

					
	
								
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Court Strikes Flash Memory Card Claims As Too Tardy

				
Posted  05/30/12
								

				 
								 				Patent holders of technologies supporting digital camera and cell phone flash memory cards known as Secure Digital Memory Cards (“SD Cards”) have succeeded in  against them as too tardy.

Judge Jeffrey S. White has  in Oliver v. 3D-3C, LLC, in the U.S. District Court for the Northern District Court of California, after finding the claims are untimely...				 
				 					 

						
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Microsoft Restrictions On Web Browsers Draw Competitors’ Ire

				
Posted  05/23/12
								

				 
								 				Microsoft’s restrictions on third-party web browsers in its upcoming Windows RT mobile operating system is drawing  from the general counsel of the Mozilla Foundation, the non-profit organization responsible for the development of the popular .

Google, which has developed its own , has wasted no time in  Mozilla’s criticism.

Windows RT is a slimmed-down...				 
				 					 

						
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													  Antitrust Enforcement, 
													  Antitrust Policy, 
													  International Competition Issues, 
												
						

					
	
								
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