GCR USA - 23 October 2018
The overturning of class certification for indirect purchasers of Asacol may reshape how some class actions are formed, as a defence strategy of aggressive discovery on plaintiffs bore fruit in a successful appeal.
GCR USA - 13 August 2018
It is hard out there for a claim under section 2 of the Sherman Act. Even the Department of Justice’s antitrust division has not tried to bring more than a handful of monopolisation charges in recent years. With all the precedent about antitrust law not protecting competitors, how do the rivals of the defendant win a $315 million jury verdict?
GCR USA - 20 July 2018
Court dockets show little success for drugmakers in blocking direct purchasers from obtaining class certification in pay-for-delay cases. So defence counsel had particular reason to celebrate this week when a judge rejected class status for the pharmaceutical wholesalers seeking damages from reverse-payment settlements for Androgel.
GCR USA - 20 June 2018
How do you convince a jury to rule in favour of three dominant producers in the egg industry after a decade-long class action suit? Lawyers at Dechert say it is about telling a convincing story and leaving the econometrics at home.
GCR USA - 23 April 2018
After a company has spent nearly a decade trying to evade an antitrust trial, what does it do when it finally has to defend itself on the merits in court? For C&S Wholesale Grocers – which stood accused of dividing geographic markets with Supervalu, the other biggest grocery wholesaler in the US – the answer was to hire Weil Gotshal & Manges.
GCR USA - 20 July 2017
How do you persuade customers to testify against the two dominant companies in an industry to help win your client access to the data it needs? A trio of partners at Kellogg Hansen Todd Figel & Frederick say that if customers are sufficiently fed up with higher prices and the loss of their preferred service provider, they'll tell a judge about it.
GCR USA - 02 May 2017
How does a lawyer decide to take on a David versus Goliath case such as that brought by competitors against General Electric on monopolisation grounds – a notoriously difficult claim to prove under current antitrust law?
GCR USA - 30 December 2016
Antitrust cases rarely make it all the way to trial, and even more rarely give a jury the opportunity to return a verdict.
GCR USA - 03 October 2016
There may be no better exponents of how difficult it was to win reversal of a lower court’s ruling against American Express than those who oppose the appellate court’s decision.
GCR USA - 22 August 2016
Lawyers defending a trio of Chinese solar panel makers had good news and bad news: they got a bankrupt US competitor’s lawsuit, claiming that the companies had colluded on “unreasonably low prices”, kicked out of Michigan federal court, even though a similar complaint in California federal court had survived their motion to dismiss. Next up: the Michigan plaintiff appealed against its loss, and cited the contrary California decision.
Cormac O'Daly and Frédéric Louis
Martin Sura and Kim Lars Mehrbrey
Gonçalo Machado Borges
Morais Leităo Galvăo Teles Soares da Silva & Associados (Lisbon)