Litigation Partner Buzz Frahn and Litigation Associates William Pilon and Steven McLellan co-wrote an article published on the California State Bar's website, and Litigation Associate Sarah Sheridan co-wrote another.
The first article, “Central District of California Court Adopts Third Circuit Interpretation of Antitrust Injury Requirement,” co-written by Buzz, William and Steven, discusses the dismissal of an antitrust complaint against Biogen Inc. The court reasoned that the plaintiff, Ixchel Pharma, lacked standing because it had not suffered an injury to competition. The ruling expands a Third Circuit holding that a pharmaceutical company that out-licenses products was not injured by conduct that reduced competition in the downstream market. It also highlights the importance of pleading antitrust injury in cases involving Actavis-type reverse payment settlements in the pharmaceutical market.
The second article, “Strike Out: Minor League Players Watch as MLB Rounds the Bases in the Ninth,” co-written by Sarah, analyzes baseball’s exemption from federal antitrust law, which was recently reaffirmed by the Ninth Circuit in Miranda v. Selig. Unlike all other sports, baseball has an exemption from federal anti-monopolistic laws such as the Sherman Act. In this unique situation, a review of Supreme Court precedent going back nearly a century underscores the power of stare decisis.
To read the articles, please click here and here.