Emily Townsend
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Department of Justice Launches an Antitrust Investigation into Pressure Pumping Services Used in Hydraulic Fracturing
By Emily Townsend on Jul 29, 2013
Posted In DOJ Developments, Energy/Commodities
by Nicole Castle On July 24, 2013, Baker Hughes, Inc., the owner of the third-largest pressure pumping fleet in the United States, disclosed as part of its filing with the Securities and Exchange Commission that it had received a civil investigative demand (CID) from the Department of Justice (DOJ) on May 30, 2013. The CID...
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Egg Producer Agrees to Pay $28 Million to Settle Price-Fixing Claims
By Emily Townsend on Jul 26, 2013
Posted In Agriculture, Private Litigation
by Nicole Castle On July 23, 2013, Cal-Maine Foods Inc., the largest producer of fresh shell eggs in the U.S., announced that it had agreed to pay $28 million to settlement the direct purchaser claims brought by plaintiffs in In re Processed Egg Products Antitrust Litigation, 08-cv-2002 (E.D. Pa.). The direct purchaser plaintiffs alleged that...
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Plaintiffs Abandon Putative Class Action Against Pfizer and Takeda over Protonix
By Emily Townsend on Jul 19, 2013
Posted In Healthcare Antitrust, IP Antitrust
by Lincoln Mayer Plaintiffs in a putative class action against Pfizer, Inc. and Takeda Pharmaceutical Co., related to acid reflux drug Protonix, will no longer give the two companies any heartburn. The plaintiffs stipulated to dismissal from New Jersey federal district court after a settlement in related proceedings that held the patent-in-suit valid and enforceable. ...
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North Carolina Dentists Seek Rehearing En Banc After Losing Bid for Antitrust Immunity
By Emily Townsend on Jul 19, 2013
Posted In FTC Developments, Healthcare Antitrust
by Lincoln Mayer North Carolina’s dentists were not smiling when a three judge panel of the U.S. Court of Appeals for the Fourth Circuit sided with the Federal Trade Commission in a challenge to the State Board of Dental Examiners’ policy that only dentists could perform teeth whitening. On July 15, 2013, the board filed...
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Judge Finds that Apple Conspired to Raise E-book Prices
By Emily Townsend on Jul 12, 2013
Posted In DOJ Developments, Monopolization/Abuse of Dominance
by James Camden On July 10, 2013, Judge Denise Cote of the Southern District of New York issued a 160-page opinion holding that Apple conspired with five book publishers to raise e-book prices and eliminate retail price competition in violation of Section 1 of the Sherman Act and several relevant state statutes. United States v....
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Antitrust and Healthcare: A Comprehensive Guide
By Emily Townsend on Jul 9, 2013
Posted In Healthcare Antitrust, Mergers & Acquisitions, Monopolization/Abuse of Dominance
McDermott Will & Emery is pleased to announce the publication of Antitrust and Healthcare: A Comprehensive Guide, First Edition. This new publication, produced by American Health Lawyers Association provides invaluable “practice pointers” to help healthcare industry participants, and their counsel, minimize antitrust risk and more successfully plan and execute business and litigation strategies. McDermott...
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On Heels of European Raids, Energy Companies Face U.S. Class Actions
By Emily Townsend on Jul 9, 2013
Posted In Cartel Enforcement, EC Developments, Energy/Commodities
by Megan Morley White Oaks Fund LP, an Illinois private placement fund, filed a class action suit last week against BP PLC, Royal Dutch Shell PLC and Statoil ASA in the Southern District of New York. White Oaks Fund v. BP PLC, et al., case number 1:13-cv-04553. The complaint alleges that the energy companies colluded...
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American Airlines, US Airways Merger Faces Additional Challenges
By Emily Townsend on Jul 8, 2013
Posted In Mergers & Acquisitions
by Megan Morley Last week, the proposed merger of American Airlines and US Airways faced additional scrutiny when nineteen states joined the U.S. Department of Justice’s investigation of the pending transaction. Greg Abbott, Texas Attorney General, is leading the effort on behalf of a group of attorneys general from states including New York, California and...
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Barry Diller to Pay $480,000 Fine for Failure to File HSR
By Emily Townsend on Jul 2, 2013
Posted In FTC Developments
by Carla A. R. Hine The Federal Trade Commission (FTC) announced a settlement today with Barry Diller for failing to file a Hart-Scott-Rodino (HSR) notification in connection with his acquisition of shares of Coca-Cola over the course of 2010-2012. Diller will pay $480,000 in civil penalties. Diller acquired Coca-Cola voting securities, and as a result...
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HSR Rules on Automatic Withdrawal of Filings
By Emily Townsend on Jul 1, 2013
Posted In FTC Developments
by Carla A. R. Hine Following the publication of proposed rules back in February, the Federal Trade Commission (FTC) has issued final rules to establish procedures for the withdrawal of Hart-Scott-Rodino (HSR) filings. The rules, which do not differ from those originally proposed in February, codify the informal “pull and refile” practice parties sometime use...
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