Wednesday, April 27, 2005
"A federal judge has granted final approval to SmithKline Beecham's $65 million settlement of a class action antitrust suit brought by consumers who said they paid inflated prices for Paxil, a popular anti-depressant drug.
"The suit alleged that SmithKline illegally maintained a monopoly by filing a series of "sham" patent lawsuits that were designed to delay any generic version of the drug from reaching the market."
Monday, April 25, 2005
CVS settles an antitrust suit brought by the DC government challenging its purchase and closing of a local pharmacy as a monopolistic practice. The settlement of $ 475,000 "will be divided between the District's antitrust enforcement fund, which will receive $125,000, and a charity to be designated by the attorney general, which will receive $350,000 to help low-income D.C. residents purchase prescription drugs."
Wednesday, April 20, 2005
Nickolai Levin, an associate with Mayer, Brown, Rowe, & Maw, in D.C. has published an interesting article on Matshushita in 73 Fordham Law Rev. 1627 (2005). Abstract and manuscript are available at SSRN. The article builds on Robert Cover's Nomos and Narrative to address the question: "when to limit the range of permissible inferences from circumstantial evidence at the summary judgment stage." Quoting from the abstract:
"Studying the history of how the antitrust summary judgment standard developed, this Article discusses how antitrust has its own nomoi (substantive sub-worlds) and redemptive narrative (consumer welfare) interacting with one another and how, in one nomos - oligopoly parallel pricing cases - some circuit courts have arguably erred by overapplying deterrence concerns that originated as part of the consumer welfare narrative."
Finally, an interesting humanistic interpretation of economic thinking in antitrust law.
Wednesday, April 13, 2005
Professor David Shores of Wake Forest Law School has published an interesting paper on SSRN entitled Economic Formalism in Antitrust Decisionmaking. He crriticizes formal economic thinking in antitrust jurisprudence and draws a parallel with the formalism of the Lochner opinion.
One mystery from the Lochner era and the early years of antitrust jurisprudence is Justice Peckham, who authored Lochner and also wrote the opinion in Trans Missouri Freight, an early Sherman Act opinion that made all agreements among competitors anti-competitive. Although both Lochner and Trans Missouri Freight illustrate the dangers of formalism, it is worth noting that Peckham, who extolled the liberty of contract in Lochner, readily struck down a contract a few years earlier in Trans Missouri Freight, characterizing it as the type of industry self-regulation that the Sherman Act forbid.
As a settlement of issues arising from US v Microsoft, Gateway and Micrososoft announced a settlement yesterday totalling $ 150 million. The payment will be used by Gateway to develop and sell systems running Windows. Hmmm, wonder who wins from all if this. The news from Redmond provides more details. The report from Information Week provides another viewpoint.
Tuesday, April 12, 2005
In a speech at a conference last week, Neelie Kroes recommended that the EU consider US style plea bargaining and whistleblower protections in order to enhance antitrust enforcement. Stressing the need for harmonization in international antitrust enforcement, particularly in area of cartelization, Commissioner Kroes pointed out the need to emulate certain US enforcement tools, such as secret grand jury investigations and threat of criminal prosecution.
Monday, April 11, 2005
We are thrilled to announce that LexisNexis has agreed to sponsor all of the blogs in our Law Professor Blogs Network:
- AntitrustProf Blog (Shubha Ghosh (SUNY Buffalo))
- ContractsProf Blog (Carol Chomsky (Minnesota) & Frank Snyder (Texas-Wesleyan))
- CrimProf Blog (Jack Chin (Arizona) & Mark Godsey (Cincinnati))
- Health Law Prof Blog (Betsy Malloy (Cincinnati) & Tom Mayo (SMU))
- LaborProf Blog (Rafael Gely (Cincinnati))
- Law Librarian Blog (Joe Hodnicki (Cincinnati))
- Law School Academic Support Blog (Dennis Tonsing (Roger Williams))
- Media Law Prof Blog (Cristina Corcos (LSU))
- Sentencing Law & Policy Blog (Douglas Berman (Ohio State))
- White Collar Crime Prof Blog (Peter Henning (Wayne State) & Ellen Podgor (Georgia State))
- TaxProf Blog (Paul Caron (Cincinnati))
- Tech Law Prof Blog (Jonathan Ezor (Touro) & Michelle Zakarin (Touro))
- Wills, Trusts & Estates Prof Blog (Gerry Beyer (St. Mary's))
LexisNexis shares our vision for expanding the network into other areas of law, so please email us if you would be interested in finding out more about starting a blog as part of our network.
Wednesday, April 6, 2005
A Pennsylvania district court judge allows the antitrust suit against Mack Truck to proceed to trial. The suit is brought by one of Mack's truck distributors who alleges,among other claims, that the company engages in price discrimination with respect to its truck parts and the selling of trucks.
Monday, April 4, 2005
The European Version of Windows may well be called "Windows XP Home Edition N." While not exactly tongue tripping, the proposed new name is meant to indicate that is "not with media player." The following stories provide more details: