Recent Developments in Antitrust

FTC Withdraws Nine-Year Policy Statement on Monetary Equitable Remedies in Competition Cases

July 31, 2012 at 9:04 am

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 […]

Third Circuit Supports FTC On “Pay for Delay”

July 16, 2012 at 2:53 pm

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 […]

11th Circuit Court of Appeals Upholds FTC Ruling in Battery Separator Case

July 11, 2012 at 8:58 am

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. Polypore, through its Daramic unit, manufactured pure polyethylene separators for starting, lighting and ignition (“SLI”) and deep-cycle batteries. […]