Tag: Commentary Elsewhere

From CPI RSS: Reverse Payment Settlements in the United States and Europe: Moving Toward An Effects-Based Approach “ After more than a decade of debate and complex litigation on "reverse payment" settlements, the Supreme Court ruled on the issue in Federal Trade Commission v. Actavis, Inc. The pharmaceutical industry now asks: So, are those settlements lawful? The Actavis Court’s answer: "Maybe . . . sometimes." The lower courts are now commissioned to apply the decades-old rule of reason to reverse payment settlements and, in the process, to advance important antitrust and intellectual property interests. At almost the same time that the Supreme Court issued the Actavis decision, the European Commission announced its Lundbeck decision that found a collection of reverse payment […]

From Antitrust & Competition Policy Blog: Taking the Error Out of “Error Cost” Analysis: What’s Wrong with Antitrust’s Right “Jon Baker (American) has a great paper on Taking the Error Out of "Error Cost" Analysis: What’s Wrong with Antitrust’s Right. I heard the presentation of the paper at Yale on Friday. It is worth a download.”

From Competition Bulletin: A family affair: parental liability for joint ventures “It is trite law that a parent company will be liable for antitrust infringements committed by a subsidiary where the parent exercises “decisive influence” over the conduct of the subsidiary. Earlier this year the Court of Justice of the European Union (“CJEU”) illustrated just how difficult it will be for a company to rebut the […]”

From Kluwer Competition Law – News: 50:50 joint ventures – Possibility of parental liability for EU antitrust infringements confirmed “”