Michael Cohen is a retired international comparative competition policy professional. He is an adjunct professor at Washington & Lee University School of Law and Monterey College of Law. He is also a poet and artist.
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Last year in a landmark decision, the Supreme Court ruled that pharmaceutical “reverse payment” settlements in Hatch-Waxman Act “Paragraph 4” patent litigation are subject to challenge, departing from the rule that most Circuits had adopted. FTC v. Actavis, 133 S.Ct. 2223 (2013). In these cases, (...)
205
A New EU Commissioner for Antitrust and Competition Denmark’s former Deputy Prime Minister and Minister for Economic and Interior Affairs, Margrethe Vestager, is set to become the European Union’s next Commissioner for Competition which heads the Directorate-General for Competition, located in (...)
143
On September 8, 2011, the U.S. Department of Justice (“DOJ”) Antitrust Division announced that it would condition its approval of Cumulus Media Inc.’s proposed merger with Citadel Broadcasting on the divestiture of three radio stations in two overlap markets . In its court filings, the DOJ (...)
155
In a recent, strongly worded federal antitrust decision, pleas for international comity by China’s nationalized vitamin industry and its regulatory overseer, China’s foremost trade industry, fell short in a showdown with U.S. domestic antitrust laws. The case indicates that foreign compulsion (...)
92
On January 13, 2009, the Federal Trade Commission issued interim final rules amending its Rules of Practice for adjudication, reportedly with an eye toward proceeding against mergers administratively regardless of outcomes in federal court. Both the FTC and DOJ Antitrust Division must go (...)
159
As the world economy grows increasingly interconnected, plaintiffs’ lawyers in the US are searching for ways to sue foreign companies in US courts for anticompetitive behavior. Several recent Sherman Act cases have been brought against consortiums of partially government owned Chinese (...)
232
In an untypical move, the Federal Trade Commission has filed a lawsuit against Ovation Pharmaceuticals to divest Ovation’s recent acquisition of new drug NeoProfen. At the time of the acquisition, NeoProfen was pending FDA approval and the dollar amounts for the transaction did not meet (...)
101
Agreements between suppliers and retailers are typically viewed under a rule of reason applicable now to virtually all “vertical” relationships in a supply chain. Many retailers, however, also market their own store brands which compete with branded products they purchase from their (...)
6477
La politique agricole commune et la politique communautaire de concurrence sont-elles condamnées à une mutuelle incompréhension et aux perpétuelles querelles de préséance qui semblent les opposer depuis l’entrée en vigueur du traité de Rome ? La cause serait entendue : aux yeux des uns, l’agriculture (...)
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