Category Archives: Antitrust – Competition law

Judge Sleet Grants Amgen’s Motion to Dismiss Genetech’s Commercial Marketing Claim Without Prejudice

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-GMS (D.Del. April 17, 2018), the Court granted defendant Amgen’s motion to dismiss the claim of plaintiffs Genetech and City of Hope (collectively “Genetech”) requesting a declaratory judgment that Amgen cannot market Mvasi before December 18, 2018. Mvasi is a biosimilar version of Genetech’s Avastin®. During the “patent dance” prescribed by the Biologics Price Competition and Innovation Act (“BPCIA”), 42 U.S.C. § 262(l), Amgen made a statement pursuant to 42 U.S.C. §262(l)(3)(B) that it did not intend to begin commercial marketing of Mvasi before December 18, 2018. Id. at *1. Amgen later provided notice that it would not start commercial marketing of Mvasi before April 4, 2018 – eight months earlier than the date it previously provided. Genetech filed its claim requesting a….. To continue reading this legal news please click Read full information...

Posted in Antitrust - Competition law | Tagged , , , , , , , , , , , | Leave a comment

Demand and Consumer Surplus in the On-Demand Economy: The Case of Ride Sharing

Chungsang Lam, Clemson University – John E. Walker Department of Economics and Meng Liu, Massachusetts Institute of Technology (MIT) – Sloan School of Management offer Demand and Consumer Surplus in the On-Demand Economy: The Case of Ride Sharing. ABSTRACT: How….. To continue reading this legal news please click Read full information...

Posted in Antitrust - Competition law | Tagged , , , , , , , | Leave a comment

Alken-Maes/AB InBev (Bosteels) – A ‘Residual Jurisdiction’ for the Belgian Competition Authority to Assess Non-notifiable Mergers?

Philippe Jonckheere asks Alken-Maes/AB InBev (Bosteels) – A ‘Residual Jurisdiction’ for the Belgian Competition Authority to Assess Non-notifiable Mergers? ABSTRACT: The appraisal of concentrations at the level of the European Union is regulated by the EU Merger Regulation (‘EUMR’). Pursuant….. To continue reading this legal news please click Read full information...

Posted in Antitrust - Competition law | Tagged , , , , , , , , , , | Leave a comment

The illiberal vision of neo-Brandeisian antitrust

Following is the (slightly expanded and edited) text of my remarks from the panel, Antitrust and the Tech Industry: What Is at Stake?, hosted last Thursday by CCIA. Bruce Hoffman (keynote), Bill Kovacic, Nicolas Petit, and Christine Caffarra also spoke. If we’re lucky Bruce will post his remarks on the FTC website; they were very good. (NB: Some of these comments were adapted (or lifted outright) from a forthcoming Cato Policy Report cover story co-authored with Gus Hurwitz, so Gus shares some of the credit/blame.)   The urge to treat antitrust as a legal Swiss Army knife capable of correcting all manner of social and economic ills is apparently difficult for some to resist. Conflating size with market power, and market power with political power, many recent calls for regulation of industry — and the tech industry in particular — are framed in antitrust terms. Take Senator Elizabeth Warren, for example: [T]oday, in America, competition is dying.….. To continue reading this legal news please click Read full information...

Posted in Antitrust - Competition law | Tagged , , , | Leave a comment

The Rise and (Potential) Fall of U.S. Cartel Enforcement

Vivek Ghosal, Rensselaer Polytechnic Institute; Center for Economic Studies and Ifo Institute for Economic Research (CESifo) and D. Daniel Sokol, University of Florida – Levin College of Law explain The Rise and (Potential) Fall of U.S. Cartel Enforcement. ABSTRACT: Government….. To continue reading this legal news please click Read full information...

Posted in Antitrust - Competition law | Tagged , , , , , | Leave a comment