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Teva Pharmaceuticals Antitrust Settlement is a Win for Competition

June 5, 2015 Antitrust , FTC , Patent Reform , Patents

Last week, Teva Pharmaceuticals agreed to pay $1.2 billion to settle an antitrust suit brought by the Federal Trade Commission. The FTC alleged that Cephalon, Inc. (acquired by Teva in 2012) violated antitrust law when it paid $300 million to generic drug companies to settle several patent lawsuits in 2005 and 2006. These payments required the generic drug companies to forego marketing generic versions of the patented drug Provigil until April 2012.

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Public Knowledge and Media Access Project Ask FTC Investigation of Music Deal

March 7, 2012 Antitrust , FTC , Press Release , UMGEMI

Universal Music Group’s takeover of competitor EMI, along with the sale of EMI’s music publishing business to Sony, have the potential to thwart innovation in digital music, drive up prices and minimize choices for consumers, Public Knowledge and Media Access Project told the Federal Trade Commission (FTC) today.

In a letter to the agency, the two groups noted that the purchase would reduce the number of major record labels from four to three, giving the combined UMG/EMI company about 40 percent of sales.  Similarly, the sale of the music publishing business would “give it a significant blocking position” by allowing it to control 32 percent of publishing revenues worldwide.  A combined company would hold publishing rights to 64 of the Billboard Hot 100 titles from 2011, the groups said.

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To Revitalize Journalism, Expanding IP Rights is Not the Answer

June 18, 2010 Broadband , FTC , Network Neutrality

On Tuesday, the Federal Trade Commission held the last of a yearlong series of workshops on the future of journalism.  The conversation centered on the staff discussion draft of potential policy recommendations, released late last month.  As I explained in my earlier post on the draft, it contains a few troubling suggestions regarding intellectual property law.  To warn the FTC of the consequences of these potential recommendations, PK’s own Sherwin Siy spoke at the workshop.  Additionally, we submitted written comments to the FTC, which you can read here.

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All the News That’s Fit to Control

June 4, 2010 Fair Use , FTC

Last week, the Federal Trade Commission released a draft report on the future of journalism.  This report consists of a summary of various policy proposals, ostensibly to save journalism, submitted by stakeholders and participants.  Unfortunately, three of these proposals would “save” journalism by improperly expanding IP rights in news and in facts.

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DOJ Investigation of Telecoms: Not Your Father’s Antitrust.

July 6, 2009 Antitrust , AT&T , Competition , FTC , Special Access

Although the Department of Justice Antitrust Division (DOJ) has not confirmed it, the Wall St. Journal reported that DOJ is internally considering whether or not companies "such as AT&T and Verizon" have abused their market power. Most traditional antitrust lawyers I've seen quoted don't think it likely the telcos have market power — especially given the hostility that courts have recently shown to antitrust. Indeed, in a world where even potential competition is supposed to be part of the market analysis, how can a modest 60% of the wireless market shared by the two companies, with no evidence of price fixing or coordinated behavior, support any sort of antitrust action?

Welcome to the more grown up and sophisticated view of market power in the more complex real world.

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