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.