Tag Archives: Publications

A Look at Judge Kavanaugh’s Antitrust Record

By Carl Hittinger and Tyson Herrold on September 10, 2018 Posted in Articles

BakerHostetler Partner Carl Hittinger and Associate Tyson Herrold authored an article published Aug. 24, 2018, by The Legal Intelligencer. The article, “Is Judge Kavanaugh a Fan of Antitrust Laws? Let’s Take a Look,” examines the limited antitrust jurisprudence record of U.S. Court of Appeals Judge Brett Kavanaugh, who has been nominated to replace Justice Anthony … Continue Reading

BakerHostetler Partners Publish Article Examining Reverse-Payment Suits Five Years After Actavis

By BakerHostetler on August 6, 2018 Posted in Antitrust Litigation, Healthcare, Patents

Partners Carl Hittinger and Jeffry Duffy authored an article published by The Legal Intelligencer on July 27, 2018. The article, “Actavis and Reverse-Payments Suits in the Third Circuit After Five Years,” examines how purportedly anticompetitive patent-litigation settlement agreements between rival branded and generic pharmaceutical manufacturers—so-called “reverse payment” or “pay for delay” settlements—have generated numerous private lawsuits and remain one … Continue Reading

Did You Know the ‘Plausibility’ Standard Can Be Used for More Than Pleading Antitrust Claims?

By Danyll Foix on June 26, 2018 Posted in Antitrust Litigation, Articles

Partners Robert Abrams, Gregory Commins, and Danyll Foix authored an article published in the Global Competition Review’s “The Antitrust Review of the Americas 2018.” Their article reviews how the “plausibility” pleading standard announced by the Supreme Court in recent years has changed not only how claims are alleged, but also how this standard may be … Continue Reading

Join Us for a Teleconference on New ABA Publication, “Antitrust Class Actions Handbook”

By BakerHostetler on February 20, 2018 Posted in BakerHostetler

The ABA recently released a new publication that should be of interest to antitrust practitioners, the Antitrust Class Actions Handbook, Second Edition. The Handbook comprehensively addresses issues that arise before, during and after the filing of an antitrust class action. The ABA Antitrust Section is hosting a teleconference featuring Handbook authors and editors this Friday, … Continue Reading

The Senate’s Uneventful Gorsuch Confirmation Hearing

By Carl Hittinger and Tyson Herrold on April 25, 2017 Posted in Antitrust & Politics, Articles, Sherman Act 2

Recently, we discussed in prior articles the antitrust legacy of Neil Gorsuch, currently a judge on the U.S. Court of Appeals for the Tenth Circuit and nominee for the Supreme Court of the United States. Gorsuch has significant antitrust experience, both in private practice and on the bench. While at Kellogg, Huber, Hansen, Todd, Evans … Continue Reading

Antitrust Legacy of High Court Nominee Gorsuch in Private Practice

By Carl Hittinger and Tyson Herrold on April 4, 2017 Posted in Antitrust & Politics, Articles, Sherman Act 2

Last month, we discussed the antitrust jurisprudence of Neil Gorsuch, currently of the U.S. Court of Appeals for the Tenth Circuit judge and nominee to the Supreme Court of the United States. Our discussion focused on three of Gorsuch’s opinions during his decade-long tenure with the court of appeals. Even before Gorsuch was nominated to … Continue Reading

The Antitrust Points of View of Supreme Court Nominee Neil Gorsuch

By Carl Hittinger and Tyson Herrold on February 21, 2017 Posted in Antitrust & Politics, Articles

Last March, we wrote a series of articles discussing Supreme Court Justice Antonin Scalia’s antitrust legacy on the Supreme Court. We noted Scalia’s admitted discomfort with the Sherman Act, specifically with holding corporate defendants, even monopolists, liable absent strong evidence of anti-competitive conduct. His likely successor appears to possibly hold similar views of the antitrust … Continue Reading

Carl Hittinger Examines American Monopolists through the Lens of History, Politics

By BakerHostetler on February 2, 2017 Posted in Articles, BakerHostetler, Sherman Act 2

Partner Carl Hittinger has authored a series of articles for The Legal Intelligencer that explores the history of select American monopolists by posing two fundamental questions: Why have some monopolists succeeded in gaining, maintaining and increasing monopoly power where others have failed? Why does history keep repeating itself and the basic lessons taught have not … Continue Reading

Abrams, Commins, Foix Author Article on Antitrust Suit Counterclaims

By BakerHostetler on January 23, 2017 Posted in Articles, BakerHostetler

Partners Robert Abrams, Gregory Commins and Danyll Foix authored an article published in “The Antitrust Review of the Americas 2017,” published by Global Competition Review. Their article, “United States: Private Antitrust Litigation,” reviews counterclaims in antitrust litigation in the United States and discusses the strategies behind their use in intellectual property, franchise, distribution and other … Continue Reading

BakerHostetler Antitrust Lawyer Reviews Unusual Incentive Payment/Failing Firm Defense Remedy in Recent Hospital Merger

By BakerHostetler on November 17, 2016 Posted in Articles, FTC, FTC Act, Government Investigations, Healthcare, Merger Review

Antitrust Partner Danyll W. Foix wrote an article, published November 17, 2016 by Law360, reviewing the Federal Trade Commission’s acceptance of an unusual settlement for a challenged hospital merger, explaining that “the settlement ends the FTC’s challenge of a transaction that was too small to be reportable under the Hart-Scott-Rodino Act, and the settlement is … Continue Reading

The FTC’s Section 5 Authority Discussed in Article by BakerHostetler Antitrust Attorneys

By BakerHostetler on January 14, 2015 Posted in Antitrust Litigation, Articles, Sherman Act 5

BakerHostetler antitrust attorneys Carl Hittinger and Jeffry Duffy authored the article, “FTC Section 5 in 2014: An Unexpected Attack, A New Frontier,” published in Law360 on December 22. The authors cover the FTC’s push to exercise its Section 5 authority in new areas; ever since Section 5 of the Federal Trade Commission Act was created … Continue Reading

Are You Facing the Prospect of a Merger Investigation?

By Jonathan Lewis, Gilbert S. Keteltas, Karin Scholz Jenson and James A. Sherer on May 8, 2014 Posted in Discovery, Government Investigations, Merger Review

If your organization is facing the prospect of a merger investigation and your lawyers haven’t raised the prospect of technology-assisted document review (“TAR”), then maybe you should be talking with someone else. What is TAR? TAR, a relatively new entrant into the world of litigation and investigations, is an iterative process in which human subject … Continue Reading

BakerHostetler Lawyers Publish Chapter on Antitrust Trends in U.S. Agribusiness

By Danyll Foix on January 27, 2014 Posted in Agriculture, BakerHostetler

The 2014 Antitrust Review of the Americas features a chapter, “‘United States: Private Antitrust Litigation,” authored by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Partner and Editor of Antitrust Advocate Danyll W. Foix. They write, “The US agriculture and food market has become increasingly concentrated in several sectors and across multiple levels. … Continue Reading

BakerHostetler Antitrust Lawyer Co-Authors Book on Price Fixing

By Danyll Foix on August 14, 2013 Posted in BakerHostetler, Sherman Act 1, Uncategorized

BakerHostetler Partner Lee Simowitz has co-authored The Executive’s Antitrust Guide to Pricing: Understanding Implications of Typical Marketing, Distribution, and Pricing Practices (Thomson Reuters/Aspatore 2013). Written as a practical guide for business professionals, the guide answers the most common antitrust pricing questions facing C-Level executives, marketing heads, and salespeople in straightforward, easy to understand language. The book … Continue Reading

BakerHostetler’s Antitrust Group Examines Antitrust Trends in Firm’s 2012 Year-End Review of Class Actions

By Danyll Foix on March 7, 2013 Posted in Class Action Litigation

BakerHostetler recently announced the release of the Firm’s 2012 Year-end Review of Class Action (and what to expect in 2013), which offers a summary of some of the key developments in class action litigation during the past year. The Review includes an examination of developments, trends, and notable decisions in antitrust class actions during 2012 … Continue Reading

BakerHostetler Antitrust Lawyers Examine Recent Developments in Antitrust Class Action Litigation

By Danyll Foix on January 8, 2013 Posted in Antitrust Litigation, BakerHostetler, Class Action Litigation

Abrams, Commins and Foix kick off new year with publication in 2013 Antitrust Review of the Americas The 2013 Antitrust Review of the Americas features an article by BakerHostetler Antitrust Chair Robert G. Abrams, Partner Gregory J. Commins Jr., and Counsel and Editor of Antitrust Advocate Danyll W. Foix. “‘Rigorous Analysis’: Recent Developments in Antitrust Class Action Litigation … Continue Reading