In an amicus brief filed in the Eleventh Circuit Court of Appeals, the American Antitrust Institute (AAI) urged the court to reject the district court’s overly restrictive approach for allowing a price-fixing claim to reach a jury when the claim is based on an invitation to collude made during an investor earnings call.
The American Antitrust Institute (AAI) filed an amicus brief in the Third Circuit Court of Appeals in support of plaintiffs’ petition for rehearing and rehearing en banc. The petition seeks review of a decision by a panel of the court upholding summary judgment for defendants and dismissing plaintiffs’ pay-for-delay and sham litigation claims.
Today, the Chairman of the American Antitrust Institute (AAI) Board of Directors, Pamela Gilbert, announced the addition of Ellen Meriwether to the Board. “Ellen brings a rich and diverse background in antitrust enforcement, research, and scholarship to the AAI board,” said Gilbert. “Her expertise and insights will be invaluable to AAI's continuing leadership in competition policy and advocacy. I am thrilled that she is joining the board."
The American Antitrust Institute (AAI) notched another legal victory in its efforts to combat anticompetitive “reverse-payment” settlement agreements. In reversing the dismissal of complaints challenging settlements involving the brand name drugs Lipitor and Effexor, the Third Circuit followed the recommendations set forth in a pair of amicus briefs filed by AAI with 48 professors, and rejected a heightened pleading standard for reverse-payment claims. Effexor brief here. Lipitor brief here.
The Democrats’ “Better Deal,” announced last week, makes competition a national priority. It follows an Executive Order issued in the twilight of the Obama administration that responded to warnings that competition is in decline. While such initiatives at the highest levels of government are new, concern that competition may be struggling in the U.S. is not. Competition and consumer advocates have long encouraged antitrust enforcers and courts to take a firmer hand in enforcing the antitrust laws. They have pushed back against decades of lax enforcement that put too much stock in claims that cost savings and vague consumer benefits could justify anticompetitive mergers and behavior that entrenched the market power of large firms.