LexisNexis® Legal Newsroom
Statistical Programs Under Antitrust Scrutiny

Information exchanges, such as statistical programs, drew considerable attention at the marquee Spring Meeting of the American Bar Association Section of Antitrust Law this month. Two cases merit consideration because there was no evidence in either case that the information exchanges lead to price fixing...

U.S. Supreme Court Will Review State-Action Ruling In FTC Case

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on March 3 agreed to review a Fourth Circuit U.S. Court of Appeals ruling sustaining the FTC’s determination that dentists in North Carolina, through the North Carolina Board of Dental Examiners, are conspiring to exclude non-dentists...

Jury Verdict Reached in Apple’s Favor in Antitrust Class Action

OAKLAND, Calif. — (Mealey’s) In the first day of deliberation after 10 days of oral arguments, a California federal jury today found that firmware and software updates that Apple Inc. made to its iTunes and iPod products were “genuine product improvements” and, therefore, did...

Federal Trade Commission Continues March “to Set a Standard for the Industry” with Cephalon Settlement

by Jennifer Driscoll and Helen C. Eckert on June 3, 2015 On May 28, the Federal Trade Commission (“FTC”) announced it had reached a $1.2 billion settlement with Teva Pharmaceuticals,[ 1 ] which acquired Cephalon in 2012, over reverse payment for its narcolepsy drug, Provigil. The Cephalon...

The Second Circuit’s Apple eBooks Opinion

by Thomas D. Nevins The Second Circuit affirmed the district court and held, 2 to 1, that defendant Apple Inc. had violated Section 1 by masterminding the creation, organization and implementation of a conspiracy by five publishers of ebooks that benefited Apple, as Apple intended, by eliminating...

Ninth Circuit Affirms Dismissal of Challenge to Alleged Horizontal Adoption of Minimum Advertised Prices

by Thomas D. Nevins In what has been described as the latest opinion on the use of hub and spoke theories to allege conspiracies in violation of Section 1 of the Sherman Act, the plaintiffs took the position that the viability of their claims depended exclusively on whether they had adequately alleged...