Region: United States of America

Texas judge rejects water agency’s state-action immunity claims

A federal judge in Houston has ruled that a Texas water agency must face two private utility companies’ claims that it monopolised the raw water supply in a northern suburb of that city.

18 August 2020

Vyera claims Qualcomm reversal supports its defence against FTC

Vyera Pharmaceuticals has said a federal appellate court’s recent Qualcomm decision supports the company’s defence against FTC claims that it violated antitrust laws.

17 August 2020

Roll call: The Tipline for 14 August 2020

With Federal Trade Commission chair Joseph Simons no longer recused from the agency’s Qualcomm litigation, this set of commissioners may have to take its first definitive step in the case. It is clear that the agency has several options should it decide to appeal against Tuesday’s defeat at the hands of the Ninth Circuit. What is less apparent is what those steps might look like. GCR USA has explored what might come next.

14 August 2020

SmileDirectClub claims 11th Circuit victory bolsters arguments in Alabama case

SmileDirectClub has argued that a federal appellate court’s ruling against the Georgia dentistry board supports its argument that members of Alabama’s dentistry board also are not immune from antitrust lawsuits.

14 August 2020

All the cool kids: The Tipline for 13 August 2020

With antitrust law apparently cool again, it appears all the federal agencies want in on the fun. The Securities and Exchange Commission recently established new collaborative efforts with the Department of Justice’s antitrust division. The Department of Defense and Department of Energy each weighed in during Qualcomm. Now central bankers – recently declared cool by Lin-Manuel Miranda – have joined the game. Two economists from the Federal Reserve have published a study contending that rising concentration across the US economy is exacerbating income inequality.

12 August 2020

Hypercompetition: The Tipline for 12 August 2020

The Federal Trade Commission claimed Qualcomm’s licensing behaviour was anticompetitive. The Ninth Circuit found the conduct to be “hypercompetitive”. “Qualcomm asserted its economic muscle with vigour, imagination, devotion and ingenuity,” the three-judge panel wrote in its sweeping reversal of an earlier FTC win.

11 August 2020

Tarot cards: The Tipline for 11 August 2020

The judge presiding over the proposed joint venture between Peabody Energy and Arch Coal did not bring out Judge Victor Marrero’s patented crystal ball, but she did ask the Federal Trade Commission to help her predict what the coal industry would look like in a world with or without the deal. Perhaps there are other means of fortune-telling Judge Sarah Pitlyk can try. Tarot cards? Reading Stephen Weissman’s palms?

10 August 2020

Party like it's 1949: The Tipline for 10 August 2020

The Paramount consent decrees are officially off the books, 26,090 days since the Department of Justice entered into the first agreement with Paramount Pictures. In March 1949, President Harry Truman had just begun his second term, a quarter could buy you a gallon of gas and Jackie Robinson was gearing up to be Major League Baseball’s most valuable player.

09 August 2020

Chicago School: The Tipline for 7 August 2020

Antitrust may be having a moment, but it is not necessarily being reflected at a law school near you. University of Michigan Law professor Daniel Crane recently noted that none of the 75 US law schools informally searching to fill hiring needs listed antitrust as a desired area of expertise. GCR USA decided to take matters into its own hands, with the Chicago School nabbing another antitrust student in the process.

07 August 2020

New York, New York: The Tipline for 6 August 2020

“We’re in the midst of a pandemic” is an excuse that many of us have likely used over the past few months, but one generic drugmaker targeted in the Department of Justice’s price-fixing probe has cited the crisis as a reason for not settling with the agency. Teva Pharmaceuticals chief executive Kare Schultz told Bloomberg yesterday that his company would not sign a deferred prosecution agreement that might “cripple” its ability to supply drugs in the US during covid-19. Also in today’s Tipline, we have a proposed amendment to New York antitrust law that its sponsor says is intended to rein in titans of the technology business, plus the DOJ suing to block a hospital deal and a cartel defence lawyer moving firms.

06 August 2020

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