Tag Archives: Third Circuit

Has the Third Circuit Just Scrambled ‘Umbrella Damages’?

A recent decision by the Third Circuit permits plaintiffs to pursue antitrust damages for egg products supplied by non-conspiring parties. This decision could represent a crack in the “umbrella damages” rule that precludes plaintiffs from seeking damages for transactions with parties that are not part of an alleged antitrust conspiracy. Umbrella damages often come up … Continue Reading

FTC Aggressively Pressing ‘Antitrust Trumps IP’ Theme

The Federal Trade Commission has recently brought its considerable institutional weight to bear in two developing areas at the intersection of unfair competition and intellectual property law. Continuing its crusade against “reverse-payment” patent infringement settlements in the pharmaceuticals sector, the FTC is promoting—especially in the Third Circuit—a maximalist interpretation of the U.S. Supreme Court’s 2013 … Continue Reading

No Standing for Illegal Drugs: Third Circuit Limits Antitrust Standing for Foreign Drug Manufacturers Absent FDA Approval

A Third Circuit panel recently ruled that a foreign drug manufacturer lacks antitrust standing when it could only sell its product in the United States through a distributor. In Ethypharm S.A. France v. Abbott Laboratories, Ethypharm, a French company, manufactured the drug fenofibrate and sold it under the brand name Antara.  Because of the substantial time … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

Abrams, Commins and Foix kick off new year with publication in 2013 Antitrust Review of the Americas The 2013 Antitrust Review of the Americas features an article by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Counsel and Editor of Antitrust Advocate Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation … Continue Reading
LexBlog