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News & Developments »

Second Circuit Finds Arbitration Waivers Unenforceable a Third Time

The Second Circuit provided a few caveats to its opinion, including that it was not holding that arbitration class-action waivers were unenforceable per se.

Federal Circuit Agrees to Hear Appeal in Ritz Camera v. Sandisk Corp.

The Federal Circuit has agreed to consider whether antitrust allegations related to fraudulent patent procurement can be raised by direct purchasers.

MDFla Finds Exception to Illinois Brick, Refuses Class Action Dismissal

The court refused to dismiss a class action alleging that Astellas violated antitrust laws by tying the purchase of a drug to the acquisition of a license to perform a patented process.

Articles »

LePage's, Cascade Health Solutions, and a Bundle of Confusion

By Jeff Jaeckel

The law for bundled discounts is more than just unsettled; it is a mess.

Section 2 Bundling Claims: Plaintiffs Be Scared, or Bundlers Beware?

By Bradley C. Weber and Ellen Miers Peeples

Iqbal and Twombly have made it difficult for antitrust plaintiffs to predict what any given court will require them to plead.

Economics and the Attribution Test for Bundled Discounting

By Sean Durkin

The method for determining anticompetitive bundle pricing is flawed and can yield false negatives.

Announcements »

Antitrust Litigation: Spring 2012

The latest edition of the Antitrust Litigation e-newsletter is now available.