On 20 September 2016, the European Commission fined Altstoff Recycling Austria (“ARA”) under Article 102 TFEU for abusing its dominant position in the Austrian waste management...28 September 2016
Federal judge allows Nexium reverse payment patent settlement suit to proceed
Last week a federal judge in Massachusetts largely denied a series of motions seeking dismissal of various “pay-for-delay” claims brought by direct and indirect purchasers involving AstraZeneca's acid reflux drug Nexium. Although certain federal and state claims were trimmed on statute of limitation grounds, U.S. District Judge William Young let stand the core claims of the suit based on the alleged continuing harm flowing from the agreements. This ruling comes just months after the Supreme Court's long-awaited decision in FTC v. Actavis and is one of the first times a court has applied the rule of reason analysis as articulated by the Court. Significantly, in his ruling Judge Young adopted a view strongly urged by the FTC (see amicus briefs here and here), that so-called “No-AG” provisions can be viewed as “reverse payments.”
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Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not
In its recent VM Remonts judgment, the...02 August 2016