West Virginia v. EPA and ‘Major Questions’ Facing the Competition Agencies

By Jeffry Duffy on July 19, 2022 Posted in Antitrust Litigation

The U.S. Supreme Court’s June 30 decision in West Virginia v. Environmental Protection Agency[1] will reverberate throughout the administrative state, inviting challenges to agency actions on major policy issues – including those in the competition arena – that Congress has not directly addressed in legislation.… Continue Reading

FTC’s Latest “Pay for Delay” Action Focuses on Noncash “Payments” and New “Product Hopping” Theory of Harm

By Mitchell Oates on April 5, 2016 Posted in Patents

The Federal Trade Commission (FTC) filed an antitrust complaint this week against Endo Pharmaceuticals and several generic companies, alleging that these companies entered into anticompetitive “reverse payment” settlements of patent infringement litigation under the Hatch-Waxman Act. In its 2013 FTC v. Actavis opinion, the U.S. Supreme Court held that certain settlements involving “reverse payments” may … Continue Reading

Leading Litigator and Antitrust Attorney Carl Hittinger Joins BakerHostetler in Philadelphia

By BakerHostetler on August 13, 2014 Posted in BakerHostetler

Philadelphia, PA – August 13, 2014—BakerHostetler announced that prominent litigator and antitrust counsel Carl W. Hittinger has joined the firm as a partner and litigation coordinator in its Philadelphia office. Hittinger arrives from the Philadelphia office of DLA Piper, where he was co-chair of the firm’s Antitrust and Trade Regulation Group. He is the first … Continue Reading