Law: Sherman Antitrust Act 1890 (USA)

Merck seeks to escape Baltimore’s vaccine bundling lawsuit

The City of Baltimore cannot allege that Merck’s bundled discounts for paediatric rotavirus vaccines harmed competition because its main rival still has every ability to compete, the drugmaker has said.

12 May 2023

JetBlue: Spirit acquisition is “hardly a substantial threat”

The Department of Justice and a coalition of states refused to acknowledge that JetBlue’s $3.8 billion proposed acquisition of Spirit Airlines would allow air travellers to save “billions of dollars” in tickets, JetBlue has said.

11 May 2023

Surgical Care Affiliates: recent no-poach acquittal warrants dismissal

The first company to face criminal no-poach charges has claimed the Department of Justice’s most recent labour collusion loss dooms the case against it.

11 May 2023

Winn-Dixie sanctioned in Keurig price-fixing case

Winn-Dixie has been sanctioned for repeatedly violating discovery orders in the Keurig Green Mountain Single-Serve Coffee antitrust litigation but may continue with its allegations against the K-Cup manufacturer.

10 May 2023

Concrete exec challenges per se rule for criminal conduct

A Minnesota-based concrete executive has said the Department of Justice failed to prove the bid-rigging allegations against him, while joining a recent string of individuals who claim such criminal charges violate their constitutional rights.

10 May 2023

DOJ defends constitutionality of criminal Sherman Act prosecutions

The Department of Justice has pushed back against a former engineering executive’s bid to overturn his bid-rigging conviction because the Sherman Act is unconstitutionally vague.

09 May 2023

Third Circuit reaffirms denial of Niaspan buyers’ class cert

A group of end-purchasers of cholesterol medication Niaspan cannot obtain class certification in a lawsuit against drugmakers Abbvie and Teva Pharmaceuticals, an appellate court has confirmed.

09 May 2023

Intel prevails over “vague” monopolisation claims

An inventor of locking device technologies has failed to persuade an appellate court that Intel unlawfully used his patents in a scheme to block rivals from entering the market for computers and central processing units.

09 May 2023

DOJ opposes trial consolidation in JetBlue/Spirit challenge

Consumers challenging JetBlue’s $3.8 billion purchase of Spirit Airlines must wait until after the government’s trial to present their case to a jury, the Department of Justice has said.

05 May 2023

Court rejects patent infringement claims in covid-19 sham litigation case

A covid-19 test manufacturer accusing a rival of sham litigation to monopolise the market for genetic testing using saliva has proven it did not infringe upon any patents, but its new antitrust claims are barred by the First Amendment, a California federal court has ruled.

04 May 2023

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