On July 31, 2012, the Federal Trade Commission (Commission) issued a statement withdrawing the Commission’s nine-year-old Policy Statement on Monetary Equitable Remedies in Competition Cases (Policy Statement). The statement’s withdrawal was approved on a 4-1 split vote, with Commissioner Maureen K. Ohlhausen casting the lone no vote and issuing a dissenting opinion.
On July 16th, the Third Circuit Court of Appeals ruled that pharmaceutical “pay-for-delay” settlements whereby cash is paid from a patent holding company to a generic manufacturer that agrees not to enter a market as prima facie evidence of an antitrust violation. The Third Circuit rejects the more lenient standard adopted by the other Circuit Courts. With the circuit courts split on the issue, the issue is now ripe for Supreme Court review.
Continue reading " Third Circuit Supports FTC On “Pay for Delay” " »
On July 11, 2012, the Eleventh Circuit Court of Appeals affirmed the Federal Trade Commission’s (“FTC”) decision ordering Polypore International (“Polypore”) to divest all assets it acquired from Microporous Products in 2008.
Continue reading " 11th Circuit Court of Appeals Upholds FTC Ruling in Battery Separator Case " »
