Michael Cohen

Washington and Lee University School of Law (Lexington), Monterey College of Law
Adjunct Professor

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.


Michael Cohen - Merger Control Regimes Worldwide 2014
Michael Cohen 19 décembre 2014 Paris


1350 Bulletin

Katie Wood, Michael Cohen The U.S. District Court for the Eastern District of Pennsylvania holds that a firm which has engaged in fraud on the patent office cannot stand on its patent to defend reverse payment antitrust claims (Cephalon)


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, (...)

Eric Dodson Greenberg, Matthew L. Gibson, Michael Cohen The US DoJ announces that it would conditionally approve a proposed merger in the radio advertising market on the divestiture of three radio stations in two overlap markets (Cumulus Media / Citadel Broadcasting)


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 (...)

Michael Cohen, Noah Pinegar The US District Court for the Eastern District of New York holds that Chinese law did not compel the defendants in a cartel case to reach agreements on price and output (In re Vitamin C Antitrust Litigation)


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 (...)

Kristen Warden, Michael Cohen The United States District Court for the District of Massachusetts draws rule of reason around relationships with retailers who compete with their own store brands (Bedi / Hewlett-Packard and Staples)


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 (...)

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