Friday, January 23, 2004

Antitrust News: Andrx on the Clock

Today the Supreme Court's justices are privately conferring to decide the fate of several petitions for certiorari, including the one in Andrx Pharmaceuticals v. Kroger Co. et al. CAC previously filed an amicus brief in support of Andrx's petition, which seeks to overturn a Sixth Circuit ruling requiring settlements in patent litigation to be subject to a "per se" antitrust rule. This means a settlement between private parties automatically violates antitrust law if third-party consumers object. The Sixth Circuit's ruling has already been disputed by the Eleventh Circuit, which ruled patent litigation settlements are subject to the (allegedly) lower "rule of reason" standard in antitrust challenges.

The Court is expected to issue an orders list on Monday at 10 a.m., at which time we should learn the fate of Andrx's petition.

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