Emily Townsend
Subscribe to Emily Townsend's PostsJudge Upholds Poaching Claims in Pharmaceutical Data Antitrust Case
By Emily Townsend on Aug 22, 2014
Posted In Healthcare Antitrust, IP Antitrust, Private Litigation
On Friday, August 15, 2014, Judge Gerald McHugh of the Eastern District of Pennsylvania let stand several counterclaims that IMS Health Inc. (IMS) made against Symphony Health Solutions Corp. (Symphony) in connection with related to allegations that Symphony had poached IMS employees to steal trade secrets. In July 2013, Symphony brought a complaint against IMS,...
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District Court Denies Summary Judgment in Broadcast Rights Class Action
By Emily Townsend on Aug 15, 2014
Posted In Private Litigation
On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these organizations and television providers conspired to hinder competition in television and internet sports broadcasting. In two class action suits brought...
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Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law
By Emily Townsend on Aug 14, 2014
Posted In Private Litigation
On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images and likenesses violated antitrust laws. In re Student-Athlete Name & Likeness Licensing Litigation, case number 4:90-cv-01967. During the three week-long bench trial in June...
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FTC Employs SAFE WEB Act to Assist Canada’s Competition Bureau
By Emily Townsend on Aug 8, 2014
Posted In FTC Developments
On July 30, 2014, the U.S. District Court for the District of Maryland denied Aegis Mobile LLC’s motion to quash a Federal Trade Commission (FTC) subpoena seeking information related to an investigation by the Competition Bureau of Canada (Competition Bureau). Aegis, based in Columbia, Maryland, contracted with the Canadian Wireless Telecommunications Association (CWTA) to collect...
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Contractual Duty to Deal Does Not Equal Antitrust Duty to Deal
By Emily Townsend on Jul 31, 2014
Posted In Healthcare Antitrust, IP Antitrust, Monopolization/Abuse of Dominance
Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust class action challenge to a drug manufacturer’s refusal to fully supply competitors’ requested quantities under...
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ABA Panel Tackles Meeting M&A Client Expectations
By Emily Townsend on Jun 13, 2014
Posted In Mergers & Acquisitions
Recently the American Bar Association Section of International Law in partnership with the International Association of Young Lawyers (AIJA) held a conference entitled “Successful Transactions – What In-House Counsel Expect from their M&A and Antitrust Attorneys.” The conference provided parallel tracks in M&A and Antitrust with the focus of providing attendees a better understanding of...
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FTC and DOJ Release FY 2013 HSR Annual Report
By Emily Townsend on May 27, 2014
Posted In DOJ Developments, FTC Developments
On May 21, 2014, the Federal Trade Commission (FTC) and Department of Justice (DOJ) released the Hart-Scott-Rodino Annual Report covering Fiscal Year (FY) 2013 (October 1, 2012 – September 30, 2013). The report describes key merger enforcement actions over the past year and provides interesting data regarding the agencies’ antitrust enforcement activity. Specifically, the report...
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Revised GBER Reduces Need For Commission Prior Approval of State Aid But Some Conditions Stricter Than Before
By Emily Townsend on May 22, 2014
Posted In EC Developments
The European Commission (Commission) has adopted new rules that exempt public support given to companies by EU Member States, including regional and local authorities, from the requirement of prior notification to, and approval by, the Commission. These new rules, which revise the General Block Exemption Regulation (GBER) significantly extend the scope of support that can...
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Court Won’t Reconsider Prior Ruling in NCAA Class Action
By Emily Townsend on May 15, 2014
Posted In Private Litigation
On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying student-athletes for their likenesses increased competition by raising financial support for women’s and less prominent men’s athletics. A former...
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FTC Asks Court to Reverse Payment Decision
By Emily Townsend on May 12, 2014
Posted In FTC Developments, IP Antitrust
On May 2, 2014, the Federal Trade Commission (FTC) filed an amicus brief with the U.S. Court of Appeals for the Third Circuit requesting that the court reverse the district court’s decision in Lamictal Direct Purchaser Antitrust Litigation, finding that a “no authorized generic” agreement between branded and generic drug makers does not qualify as...
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