Antitrust, UCL and Privacy Section

News from the Section

Webinar: Understanding and Navigating Cross-Border Privilege Issues

Thursday, May 18, 2017, 11 a.m. - 12 noon

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

The fact that privilege attaches to a document or communication in one jurisdiction does not mean that the privilege can be claimed in another jurisdiction.  With litigation becoming increasingly international, privilege issues frequently arise in disputes that span multiple jurisdictions.  Our panelists will discuss how the differing approaches to privilege rules in the U.S., the EU, and other major jurisdictions may affect parties’ legal risk when transferring information across international borders and offer practical insights on how to navigate privilege pitfalls in cross-border matters.

Moderator: Qianwei Fu
Speakers: Rachel Brass and Maribel Rodriguez

First Circuit Rejects Noerr-Pennington Defense in Amphastar Pharmaceuticals Case

Robert E. Freitas
Freitas Angell & Weinberg LLP

On March 6, 2016, in Amphastar Pharmaceuticals Inc. v. Momenta Pharmaceuticals, Inc.,  2017 WL 876260, ___F.3d___ (1st Cir. 2017), the First Circuit held that the Noerr-Pennington doctrine does not immunize alleged misrepresentations by Sandoz Inc. and Momenta Pharmaceuticals, Inc. to the United States Pharmacopeial Convention (“USP”), a non-governmental standard-setting organization “charged with ensuring the quality of drugs.” Id. at *1. Amphastar alleged that “the defendants, in violation of a duty imposed by the USP, knowingly failed to disclose to the standard-setting body that a proposed method for testing generic enoxaparin might be covered by Momenta’s pending patent application.” Id. Amphastar also alleged that “[t]he USP, in reliance on the defendants’ misrepresentations, adopted the method, and the Food and Drug Administration (‘FDA’) required Amphastar to comply with it.” Id. Read more.

Eleventh Circuit Rejects Section 1 Claim Based on Plaintiff’s Joint Venture with Defendant

Lee Brand
Jenny Palmer
Simpson Thacher & Bartlett LLP

On December 30, 2016, the Eleventh Circuit rejected a claim by Colombian company Procaps S.A. (“Procaps”) that a joint venture agreement between Procaps and its Canadian partner Patheon, Inc. (“Patheon”) violated Section 1 of the Sherman Act. Procaps S.A. v. Patheon, Inc., No. 15-15326, 2016 WL 7487726 (11th Cir. Dec. 30, 2016) (“Procaps”). The Eleventh Circuit’s decision reinforces the distinction between true antitrust claims and more traditional contract disputes. The court ultimately found this suit to be an instance of the latter because Procaps could establish neither concerted action in restraint of trade nor actual anticompetitive effects. Read more.

FTC Wins in Seventh Circuit Hospital Case Based on Geographic Market Definition

Jonathan Mincer 
Caitlyn Chacon 
Simpson Thacher & Bartlett LLP

For the second time in as many months, a federal appellate court agreed with the geographic market definition of the Federal Trade Commission (“FTC”) in a hospital merger case and therefore reversed a district court decision denying the FTC a preliminary injunction.  Following a win in the Third Circuit on September 27, 2016 regarding a proposed hospital merger in central Pennsylvania, FTC v. Penn State Hershey Medical Center, 838 F.3d 327 (3d Cir. 2016), the FTC prevailed in the Seventh Circuit on October 31, 2016 regarding a similar proposed merger in Chicago’s northern suburbs. Read more.

The Antitrust, UCL and Privacy Section of the State Bar of California Was Pleased to honor Paul R. Griffin as the 2016 Antitrust Lawyer of the Year

Paul GriffinThe award was given at the 2016 Golden State Institute, Thursday, November 3, 2016, in San Francisco.

Paul Griffin, a “San Francisco Tier 1 antitrust lawyer,” according to U. S. News & World Report, is a partner in Winston & Strawn’s San Francisco office.  Paul is part of the Winston antitrust group which was awarded “2015 Team of the Year” in Cartel Defense by The Legal 500 and is “Highly Recommended” by Global Competition Review.  Before joining Winston where he has served as global antitrust Co-Chair, he served as Chair and Vice Chair of the antitrust practices at the Pillsbury and Thelen firms, respectively.

For more information, see Antitrust Lawyer of the Year.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

California Antitrust and Unfair Competition Law, Revised Edition

California Antitrust and Unfair Competition Law, Revised EditionCheryl Lee Johnson, Editor-in-Chief

Gain authoritative understanding of California antitrust and unfair competition statutes, policies and issues with one-volume convenience. This treatise brings you up to speed on everything from horizontal combinations and vertical restraints to public enforcement of California antitrust laws and trial considerations.

You get full coverage of The Cartwright Act along with related California consumer and unfair competition laws, and how they apply to the health industry, regulated industries, the labor market, electronic media, the internet and other fields. Additionally, there are chapters covering damages, defenses to liability including exemptions and immunities, injunctive relief, class actions, attorney’s fees and costs, insurance issues, and much more. This publication includes contributions from over 120 highly experienced antitrust practitioners in both the private and government sectors, as well as the executive members of the Antitrust, UCL and Privacy Section of the California State Bar.

$260, 1 volume, loose-leaf, updated annually, Pub. #01577, ISBN 9780769856896

To order, call 800-223-1940 or visit the LexisNexis Store.

Contact Us

Antitrust & Unfair Competition Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2554
415-538-2368 fax