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On November 7, the Supreme Court declined to review the Third Circuit’s holding in SmithKline Beecham Corp. v. King Drug Co. of Florence, Inc. that a brand drug’s promise to refrain from selling an “authorized generic” could constitute an unlawful payment in exchange for the generic’s agreement to delay entry. Such “no-AG” promises are a common form of pay-for-delay agreements that substantially raise drug prices.  In an amicus brief, the American Antitrust Institute (AAI) had urged the Third Circuit to reject the district court’s holding that a reverse payment was not subject to antitrust scrutiny unless it included a cash payment. 

In the wake of the presidential election, there is uncertainty over what the next four years will mean for the enforcement of our antitrust laws.

Jonathan B. Baker delivered the keynote address at the AAI's 10th Annual Private Enforcement Conference.

The American Antitrust Institute (AAI) recognized leading legal practitioners and economists at the AAI 2016 Antitrust Enforcement Awards.

The American Antitrust Institute (AAI) promotes the vitality of private antitrust enforcement and the preservation of antitrust class actions, in particular. As part of these efforts, AAI issues periodic updates on developments in the courts and elsewhere that may affect this important device for protecting competition and consumers.  This update covers developments since the March 2016 update, which is available here.  Many of these issues will be considered at AAI’s 10th Annual Private Enforcement Conference on November 9, 2016, at the National Press Club in Washington, D.C. 

On Wednesday, November 9, the American Antitrust Institute will host its 10th Annual Private Antitrust Enforcement Conference at the National Press Club in Washington D.C.  The day kicks off early with a Junior Lawyers Breakfast targeted to the young practitioners who will be the future of the antitrust sector.  Pamela Gilbert, an expert on our political system in practice, will briefly discuss the implications of the election results for private antitrust enforcement. Panelists will then turn to a more general discussion of topics likely to be of interest to junior antitrust attorneys.

Today the American Antitrust Institute (AAI) filed an amicus brief asking the Supreme Court to reject a legal theory pursued by Visa and MasterCard and three of their largest member banks. If accepted, the credit card issuers' reasoning could immunize large swaths of anticompetitive conduct by joint ventures and other collaborations among competitors.

The American Antitrust Institute (AAI) filed an amicus brief asking the full Third Circuit Court of Appeals to rehear a panel decision that sharply restricts the use of the Sherman Act to police anticompetitive “product hopping.”   

From the interview of Diana Moss for "Farmers, Antitrust Activists Are Worried That Big Ag Is Only Getting Bigger" on NPR on October 18, 2016:

"The proposed mergers could well increase prices for biotechnology, eliminate choices for growers, slow down innovation and raise food prices to consumers," Moss testified.

The American Antitrust Institute (AAI) has announced its selection of leading legal practitioners and economists to be recognized at the AAI 2016 Antitrust Enforcement Awards.  The Honorees will be featured at a gala awards dinner on Wednesday, November 9, 2016 following the AAI’s Annual Private Antitrust Enforcement Conference.  Registration and program information for the conference and the awards dinner is available here

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