Articles Posted in Articles

DC Challenges Amazon’s Fair Pricing Policy
Doyle, Barlow & Mazard PLLC

On May 25, 2021, the D.C. Office of the Attorney General (DC AG) filed an antitrust complaint against Amazon.com, Inc. in the Superior Court of the District of Columbia. The complaint accuses the company of monopolization and illegal restraints of trade. Interestingly, the complaint does not include allegations of federal antitrust violations. The complaint alleges…

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Deeply Divided FTC Approves AbbVie’s Acquisition of Allergan
Doyle, Barlow & Mazard PLLC

On May 5, 2020, the FTC approved AbbVie Inc.’s (“AbbVie”) $63 billion acquisition of Allergan plc (“Allergan”) on the condition that the merging parties divest three minor products.  The consent agreement was approved by a 3-2 party line vote. The FTC has a long history of scrutinizing transactions in the pharmaceutical industry, but Commissioners’ statements demonstrate that they are not on…

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McDonald’s Can’t Get No-Poach Claims Dismissed
Doyle, Barlow & Mazard PLLC

McDonald’s arguments were limited because of past decision in Deslandes.  In Deslandes, the court held that the plaintiff employees plausibly alleged that the franchises’ no-poach restraints could be found unlawful under a quick-look analysis so McDonald’s did not move to dismiss for failure to state a claim.   The Northern District court rejected McDonald’s argument that…

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New Trade Case on Imports of Common Alloy Aluminum Sheet Against 18 Countries
Doyle, Barlow & Mazard PLLC

On March 9, 2020, a new U.S. antidumping petition was filed against common alloy aluminum sheet (“CAAS”) imports from 18 countries.  The Petitioners in the case are Aleris Rolled Products, Inc., Arconic, Inc., Constellium Rolled Products Ravenswood, LLC, JW Aluminum Company, Novelis Corporation, and Texarkana Aluminum, Inc. The countries named in the Petition are Bahrain,…

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Rivals Are Publicly Sounding Off Against Big Tech
Doyle, Barlow & Mazard PLLC

On January, 17, 2020, smaller rivals such as PopSockets, Basecamp, Sonos, and Tile testified to the the House antitrust subcommittee about how they have been bullied by big tech giants such as Google, Apple, Facebook, and Amazon and called for swift action. According to the New York Times, the smaller rivals, which have largely been…

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Can Deals That Do Not Trigger an HSR Filing Raise Antitrust Concerns? Yes, Buyer and Sellers Beware!
Doyle, Barlow & Mazard PLLC

The federal antitrust agencies continue their emphasis on investigating, challenging, and unwinding consummated transactions that are not reportable under the Hart Scott Rodino (“HSR”) Act. Most recently, on November 6, 2019, the Federal Trade Commission (“FTC”) issued an Opinion and Final Order in which the Commission upheld the Administrative Law Judge’s (“ALJ”) decision that Otto…

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States Join in the Antitrust Assault on Big Tech
Doyle, Barlow & Mazard PLLC

On August 20, 2019, it was reported that the states are set to join forces to investigate Big Tech. On the same day, Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice (“DOJ”) said the DOJ is working with a group of more than a dozen state attorneys general…

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Allegeran Wins Motion to Dismiss Regarding Questionable Rebate Practices
Doyle, Barlow & Mazard PLLC

On March 22, 2019, Judge John Michael Vazquez of the United States District Court for the District of New Jersey granted Allergan’s motion to dismiss Shire’s antitrust complaint that Allergan monopolized the Medicare Part D dry eye disease (“DED”) treatment market through its contracting practices with insurers including rebates based on a bundled portfolio of…

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Trump Administration Acts to Lower Medicare Prescription Drug Prices
Doyle, Barlow & Mazard PLLC

The rising prices of existing and new brand prescription drugs could have serious consequences for tax payers and the 44 million seniors who rely on Medicare.  In order to rein in those costs, it’s vital for the Administration to encourage the use of generic drugs and biosimilars. While Congress has been grabbing the headlines by…

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Antidumping and Countervailing Duty Petitions on Fabricated Structural Steel From Canada, Mexico, and China
Doyle, Barlow & Mazard PLLC

On February 4, 2019, the American Institute of Steel Construction, LLC filed antidumping (“AD”) and countervailing (“CVD”) petitions with the U.S. Department of Commerce (“DOC”) and the U.S. International Trade Commission (“ITC”). Under U.S. law, a domestic industry can petition the government to initiate an AD investigation into the pricing of an imported product to…

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