Antitrust Litig News Today

The attorney-client privilege is the oldest of the common law privileges for withholding confidential communications recognized in American jurisprudence. It allows a person to seek...

Companies in the midst of government investigations and enforcement actions often must contend with follow-on civil litigation stemming from the same issues. Indeed, due to differing...

The Antitrust Division of the U.S. Department of Justice (DOJ) on March 28, 2024, weighed in for the third time in recent months in support of plaintiffs in class action lawsuits...

Following a 2022 ProPublica article reporting on the use of a third-party software to inflate rents in "a new kind of cartel," a new wave of antitrust enforcement...

The issue of the state of mind or intent of a party can play out a number of ways based on the nature of the case. In the criminal context, proof of…

Class certification is the most important moment of any putative class action. Before class certification, the defendant's exposure beyond the individual claim is still theoretical rather than concrete...

On November 14, 2022, the U.S. Supreme Court declined StarKist Company's petition to review the Court of Appeals for the Ninth Circuit's en banc opinion upholding certification...

I. Introduction - No pharmaceutical antitrust decision has had more impact than the Supreme Court’s 2013 decision in Federal Trade Commission v. Actavis, a decision which...

Reverse payment cases arise in the context of settlement agreements between brand-name pharmaceutical companies and generic drug manufacturers to resolve patent litigation under the Hatch-Waxman Act...

On Monday, July 3, 2023, President Biden nominated Andrew N. Ferguson and Melissa Holyoak, both Republicans, for the two open Commission seats at the Federal Trade Commission.