Competition

Managing Financial Product Data In Antitrust Cases

The data considerations required in antitrust cases involving financial products are different than those for tangible products when it comes to economic analyses for class certification, liability and damages, say George Korenko and Matthew Milner at Edgeworth Economics.

Whistleblowers' Unique Role In DOJ's Anti-Collusion Efforts

The U.S. Department of Justice's recently formed Procurement Collusion Strike Force provides those uniquely positioned in government contracting to be aware of anti-competitive conspiracies an excellent opportunity to step forward under the False Claims Act, say David Caputo and Zachary Arbitman at Youman & Caputo.

Opinion

Drug-Pricing Bill Threatens Robust Generics Industry

The Bringing Low-Cost Options and Competition while Keeping Incentives for New Generics Act, currently pending in the Senate, goes too far in undercutting first-to-file generic drug applicants’ 180-day marketing exclusivity period, which has been crucial for the phenomenal growth of the industry, say Chad Landmon and David Ludwig of Axinn.

Strategies To Maintain Privilege In Crisis Response Scenarios

In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

The Rise Of Patent Wars In Europe's Gene Therapy Space

Drug companies can prepare for increasing competition and a rise in contentious patent proceedings in Europe’s gene therapy industry by aligning patents, orphan designations and data exclusivity where possible, say Jane Hollywood and Frances Denney of CMS Legal.

Algorithmic Tacit Collusion Is A Limited Threat To Competition

A recent economic study indicating that an algorithm can learn to tacitly collude is of interest to the global antitrust community and highlights some practical limitations to algorithmic collusion, including that competitors may not use algorithms at all, as well as opportunities for algorithmic compliance, says Ai Deng of NERA Economic Consulting.

How To Ward Off Nonclient Suits Over Lawyers' Speech

Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

Beware Gov't Contract Practices That May Signal Collusion

In response to the U.S. Department of Justice's recent announcement of heightened antitrust enforcement for the government procurement process, contractors should understand the red flags considered indicative of potential collusive activity, say Gail Zirkelbach and Eric Ransom at Crowell & Moring.

Opinion

Can We Get An Administration Standard On Tech Standards?

It is time for the U.S. Patent and Trademark Office's director to join the assistant attorney general in reevaluating the FRAND injunction policy regime to develop a balanced position that is fairer to everyone and ensures that the system stimulates economic growth and job creation in emerging technologies, says Robert Stoll of Drinker Biddle & Reath.

What Is A 'Reasonably Useful Form' For Production Of ESI?

While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

Innovative Collaborations Require Antitrust Flexibility

Joint initiatives by companies active in the same industry are much needed to tackle major challenges like sustainability and digital transformation, but such partnerships may require special exemptions from international antitrust authorities, says Tilman Kuhn of White & Case.

And Now A Word From The Panel: It's Nothing Personal

A recent ruling on personal jurisdiction from the Judicial Panel on Multidistrict Litigation makes clear that parties should not be able to utilize the MDL process as an end-run around well-established due process considerations, says Alan Rothman of Arnold & Porter.

Patent Decision Highlights Cross-Appeal Considerations

The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

No End In Sight For Litigation Of No-Poach Antitrust Claims

In light of the U.S. Department of Justice's indications of forthcoming criminal enforcement, and two recent federal court rulings concerning potential antitrust violations from use of no‑poach clauses in franchise agreements, companies should ensure they are not taking any action that could run afoul of antitrust laws, says Jennifer Maffett-Nickelman of Thompson Hine.

Where BPCIA Issues Stand As FDA Approves 25th Biosimilar

The U.S. Food and Drug Administration has issued a torrent of biosimilar approvals under the Biologics Price Competition and Innovation Act this year, most recently for Pfizer's adalimumab, but questions remain regarding biologic patent dispute resolution, antitrust issues and the constitutionality of the BPCIA, says Steve Keane of MoFo.