Government and private plaintiffs have been challenging platforms that allegedly facilitate improper information sharing and coordination about competitors as well as alleged monopolisation by major technology firms. Government antitrust enforcers also continue to challenge proposed mergers aggressively under section 7 of the Clayton Act, with mixed results.

In this article, Nicole Castle, Elai Katz and Zachary Sproull summarize these recent trends and developments in US antitrust litigation concerning vertical and horizontal agreements, unilateral conduct and proposed mergers, as well as notable cases shaping the antitrust landscape. They also provide key takeaways for corporate counsel to keep in mind when considering potential antitrust issues in the United States.

Pharmaceutical patent holders beware: Over the past year, antitrust enforcers have taken a more aggressive approach challenging Orange Book listings as an anticompetitive practice. According to the Federal Trade Commission, improperly listing patents in the Orange Book constitutes an unfair method of competition, among other violations.

In this article, Elai Katz, Lisa Rumin and Betty Zhang discuss the recent heightened scrutiny of Orange Book listings and highlight risks brand manufacturers should be aware of with respect to their Orange Book listing practices. Going forward, brand manufacturers should think proactively and consider carefully documenting their evaluation process and reasoning for listing patents in the Orange Book to satisfy the statutory requirements.