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HTMLAntitrust Alert: U.S. Federal Court Provides Guidance on Treating Joint Ventures as a "Single Entity" for Antitrust Purposes
Thomas Demitrack, Kathryn M. Fenton, Peter A. Julian, Toby G. Singer; Jones Day;
Legal Alert/Article
November 12, 2014, previously published on October 2014
The United States District Court for the Southern District of Ohio has unsealed its summary judgment opinion in The Medical Center at Elizabeth Place v. Premier Health Partners. The Court granted summary judgment in favor of the defendants-four hospital systems that operated pursuant to a joint...

 

HTMLFederal Judge Rules That Integrated Healthcare System Comprised of Separately Owned Hospitals Incapable of Conspiring Under Section One of The Sherman Act
Robert B. Craig; Taft Stettinius & Hollister LLP;
Legal Alert/Article
November 5, 2014, previously published on October 29, 2014
In recent years, some competing hospital systems have achieved the benefits of merging without a change in ownership of their assets by undertaking highly integrated joint ventures so that the combination essentially becomes a single enterprise with a complete unity of interest. Such “virtual...

 

HTMLA Rare Decertification Decision from the BCCA Stands: No Leave to Appeal Wakelam
Jill Yates; McCarthy Tétrault LLP;
Legal Alert/Article
October 8, 2014, previously published on September 5, 2014
The Supreme Court of Canada yesterday refused the plaintiff’s application for leave to appeal the British Columbia Court of Appeal’s decertification decision in Wakelam v. Wyeth et al. Wakelam is a claim against various manufacturers of children’s cough and cold medication for...

 

HTMLRecent Warning Letters
Jonathan Berman, Colleen Heisey, Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 23, 2014, previously published on September 2014
Since the last Update, FDA posted warning letters to two canning companies for various violations, including packaging food in insanitary conditions and failing to submit scheduled processes to FDA.

 

HTMLFDA Deputy Commissioner: Agency Focusing on Coordinated Food Safety and Specialized Inspectors
Jonathan Berman, Colleen Heisey, Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 23, 2014, previously published on September 2014
FDA continues to pursue a modern approach to food safety, as the agency adds specialized inspectors and develops new policies under the Food Safety Modernization Act. Mike Taylor, FDA's deputy commissioner for food, addressed a group of produce industry leaders earlier this month at the United...

 

HTMLWisconsin Court of Appeals Provides a Lesson in Documenting the Settlement
Rachel M. Blise; Foley & Lardner LLP;
Legal Alert/Article
September 23, 2014, previously published on September 22, 2014
A recent case from the Wisconsin Court of Appeals demonstrates the necessity of properly documenting the details of a settlement after agreement is reached on the amount. In Singler v. Zurich American Insurance Co., 2014AP391, Robert Singler and Zurich American Insurance Co. agreed to settle...

 

HTMLRecent Product Recalls
Jonathan Berman, Colleen Heisey, Mark Mansour, Stephanie L. Resnik, Emily K. Strunk; Jones Day;
Legal Alert/Article
September 23, 2014, previously published on September 2014
Recent food recalls involved undeclared allergens, microbial and foreign material contaminations, and choking hazards.

 

HTMLSupreme Court Of Canada Denies Leave To Appeal From Decision Clarifying Available Disgorgement Remedies In Competition And Consumer Protection Claims
Michelle T. Maniago, Alessandra V. Nosko; Borden Ladner Gervais LLP;
Legal Alert/Article
September 18, 2014, previously published on September 8, 2014
On Thursday, September 4, 2014, the Supreme Court of Canada dismissed the plaintiffs’ motion for leave to appeal in Wakelam v. Wyeth Consumer Healthcare/Wyeth Soin de Sante Inc. The leave application arose from a 2014 British Columbia Court of Appeal decision that clarified whether plaintiffs...

 

HTMLConsidering Sex-Specific Variation for Personalized Medicine
Antoinette F. Konski; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
Personalized medicine may use devices and assays that identify sex-related differences. For example, a device or an assay may determine if a cancer patient harboring a particular genetic variance will or will not respond to a particular cancer therapy. In some instances, the prediction of clinical...

 

HTMLBundled Discounts Subject to Section 1/Clayton 3 Scrutiny In the Absence of Market Power and Substantial Foreclosure?
Bruce A. Colbath; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
August 28, 2014, previously published on August 25, 2014
Bundled discount programs have received significant antitrust scrutiny over the past decade, even though these marketing programs may benefit both consumers and competition. Typically, bundled discounts have been evaluated as either exclusive dealing or tying arrangements under Section 1 of the...

 


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