The Federal Trade Commission recently suffered a significant setback in its merger enforcement efforts when the federal district court in Minneapolis rejected an action brought by the agency along with the State of Minnesota against global pharmaceutical company Lundbeck, Inc. In December 2008, the FTC and Minnesota filed a complaint against Ovation Pharmaceuticals, Inc., which…

In a case of first impression, the California Supreme Court recently decided that alleged victims of a price fixing scheme can pursue treble damages claims under the California Cartwright Act, even though the victims passed on some or all of the purported overcharges to indirect purchasers downstream in the chain of distribution. Thus, the state’s…