Brief of the Federal Trade Commission as amicus curiae before the United States District Court for the Eastern District of Pennsylvania, addressing the question of whether reformulations of a branded company’s products that offer patients little or no therapeutic advantages – also known as “product-switching” or “product-hopping” – obstructs meaningful competition by generic drug companies and thus, constitutes exclusionary conduct.
When a court considers a case whose outcome may affect consumers or competition, the FTC may file a “friend of the court” brief to provide information that can help the court make its decision in a way that protects consumers or promotes competition. To find a specific FTC brief, use the filters on this page.Displaying 21 - 40 of 106
Brief of the Federal Trade Commission as amicus curiae before the United States District Court for the District of New Jersey, addressing the question of whether an exclusive license that effectively prevents a branded company from launching an authorized generic constitutes a payment-for-delay in restraint of trade, pursuant to the Third Circuits ruling in In re K-Dur Antitrust Litigation, No. 10-2077, 2012 WL 2877662 (3d Cir. July 16, 2012).
Brief of the Federal Trade Commission as amicus curiae before the United States District Court for the Northern District of California, expressing concerns that the proposed class action settlement agreement is flawed and should be rejected.The proposed settlement fails to provide adequate compensation to consumers that were victims of unauthorized billing, does not provide adequate information to class members about their rights or the settlement's impact, is unlikely to deter future fraudulent conduct, and may impair the Commission's ability to provide restitution in its enforcement actions.
Brief of the Federal Trade Commission as amicus curiae before the United States District Court for the District of New Jersey, addressing the question of whether a branded company's commitment not to launch an authorized generic in competition with a generic company constitutes a payment-for-delay in restraint of trade, pursuant to the Third Circuit's ruling in In re K-Dur Antitrust Litigation, No. 10-2077, 2012 WL 2877662 (3d Cir. July 16, 2012).
Joint brief of the United States, the Consumer Financial Protection Bureau, and the Federal Trade Commission, as amici curiae in support of the petitioner, urging the Supreme Court to rule that private plaintiffs who, in good faith, sue debt collectors for alleged violations of the Fair Debt Collection Practices Act are not required to pay prevailing defendants' litigation costs.
Joint brief of the United States, in which the FTC joined, as amicus curiae before the United States Court of Appeals for the Federal Circuit, in support of the appellee, Ritz Camera & Image, LLC, urging the Federal Circuit to affirm the district court's holding that appellee, a direct purchaser of appellant SanDisk Corporation's products, has standing under the antitrust laws to seek damages for overcharges resulting from a monopoly obtained through enforcement of patents procured by fraud (a "Walker Process" antitrust claim).
Memorandum brief of the United States, in which both the FTC and the Consumer Financial Protection Bureau joined, supporting the constitutionality of the Fair Credit Reporting Act (“FCRA”) provision that bars consumer reporting agencies, in most cases, from disclosing an individual’s arrest record or other adverse information that is more than seven years old. The brief argues that the court should not invalidate this FCRA provision as unconstitutional because it “directly advances the substantial government interest in protecting individuals’ privacy and is no more extensive than necessary to serve that interest.”
Joint brief of the United States and the Federal Trade Commission, as amici curiae before the United State Court of Appeals for the Tenth Circuit, in support of the appellee, urging the court to dismiss for lack of jurisdiction the interlocutory appeal of a district court order denying a defendant's motion to dismiss an antitrust claim under the "state action" doctrine of Parker v. Brown, 317 U.S. 341 (1943). The brief, which does not address the merits of defendant's state action claim, argues that the court lacks appellate jurisdiction as there has been no final judgment in the underlying litigation, and the district court's order is not immediately appealable under the collateral order rule, which permits immediate appellate review in very limited circumstances to protect a right to avoid trial.
Brief of the Federal Trade Commission, as amicus curiae, submitted to the United States District Court for the District of Columbia, in a case challenging the Food and Drug Administration's decision giving the seller of a branded drug sole control of the 180-day exclusivity rights granted, under the Hatch-Waxman Act, to a first generic filer. The brief does not take a position on the FDA's interpretation and application of the governing statute and regulations, but explains the Commission's enforcement actions relating to the branded drug, Provigil, and describes the adverse effects on competition from allowing the branded drug seller to control the generic exclusivity period.
Joint brief of the United States and the Federal Trade Commission, as amici curiae, before the U.S. Court of Appeals for the Seventh Circuit, sitting en banc. The brief addresses the reach of U.S. antitrust law over international restraints of trade, urging the court of appeals to rule that the "import commerce" exception in the Foreign Trade Antitrust Improvements Act is not limited to conduct that specifically targets U.S. import commerce, and that the statute's "direct effects" exception is not limited to effects that follow as an immediate consequence of the challenged conduct.
Brief of the United States as amicus curiae, in which both the FTC and the Consumer Financial Protection Bureau joined, urging the Supreme Court to deny a writ of certiorari and let the ruling of the court of appeals stand. The brief argues that the court of appeals correctly rejected a debt collector's argument that its communications to a consumer's attorney were categorically excluded from the coverage of section 808(1) of the Fair Debt Collection Practices Act.
Brief of the Federal Trade Commission, as amicus curiae, submitted to the United States Court of Appeals for the Fifth Circuit, in a case challenging Louisiana state restrictions on the sale of caskets. The brief does not take a position on the constitutionality of those restrictions, but refutes the argument that the policies of the Commission's Funeral Rule support restrictions of this sort.
Amicus Brief of the Federal Trade Commission before the Northern District of Ohio, expressing concerns that the proposed class action settlement agreement preliminarily approved by the Court is unfair to consumers and should be rejected. The proposed settlement agreement includes a “Class Release” provision that the FTC argues could deprive over a million consumers of their existing rights to challenge improper judgments entered against them, to defend themselves in ongoing debt collection actions, and to vindicate violations of collections laws in state and federal court by the Defendants. In exchange for losing these substantive rights, under the proposed settlement consumers would only receive a nominal payment, capped at $10, if they filed a claim form. The FTC further argues that the proposed settlement exposes consumers to additional harm because it does not restrict the ability of the Defendants to use or sell class members’ contact and personal bank information disclosed in the claims process.
Amicus brief before the United States Court of Appeals for the Third Circuit, supporting plaintiffs/appellants and urging reversal of a decision by the United States District Court for the District of New Jersey. That decision dismissed federal antitrust claims brought by direct and indirect purchasers of the drug K-Dur, a blood pressure medication. Plaintiffs alleged that, when K-Durs manufacturer, Schering Plough Corp., settled patent infringement litigation that it had brought against two generic drug companies, the settlement agreements, which restricted the generic companies from marketing their generic versions of K-Dur and provided for payments from Schering to the generic companies, violated the antitrust laws. The district court granted the drug companies motions for summary judgment on the grounds that the patent at issue trumped any application of the antitrust laws. In particular, the court held that there was no antitrust violation because the agreements settling the infringement litigation applied only to the generic versions of K-Dur, and did not restrict the marketing of those generics beyond the expiration date of Scherings patent. In its amicus brief, the Commission argues that the district courts decision is inconsistent with the antitrust laws and the Hatch-Waxman Act. The Commission further argues that such exclusion-payment settlements should be treated as presumptively unlawful.
Brief of the Federal Trade Commission as amicus curiae, before the en banc United States Court of Appeals for the Federal Circuit, in a case concerning the standards applicable when a patentee moves for contempt of a previously-entered injunction against acts of infringement. A divided Federal Circuit panel held that a district court had properly evaluated Echostar’s post-judgment conduct in contempt proceedings, and that it infringed TiVo’s patents despite its design-around efforts. The FTC’s brief supports neither of the parties, but urges the Federal Circuit, when crafting the standards for triggering contempt rather than requiring a new infringement trial, to consider how making summary contempt proceedings and contempt sanctions too easily available could dampen incentives for follow-on innovation, while at the same time, enforceable injunctions can also be an important prerequisite to innovation and entry.
An amicus brief in support of plaintiffs-appellants’ petition for rehearing en banc. The case concerns a court of appeals panel decision upholding the dismissal of an antitrust challenge to a Hatch-Waxman patent settlement. Because of the “exceptional importance” of the issues involved, however, the panel also invited appellants to file a petition for rehearing en banc, in order for the full court to reconsider a circuit precedent that bound the panel’s decision. The Commission argues that the earlier circuit decision, In re Tamoxifen Citrate Antitrust Litig., 466 F.3d 187 (2d Cir. 2005), was based on mistaken assumptions about the pharmaceutical industry, which has contributed to a proliferation of exclusion-payment settlements such as the one at issue in the current case, and that the Tamoxifen panel decision did not properly consider the Hatch-Waxman Act, which encourages challenges to pharmaceutical patents to facilitate the early entry of generic drugs. The Commission urges the court of appeals to rehear the current case en banc, in order to correct that earlier circuit precedent.
Joint brief of the United States and the Federal Trade Commission, as amici curiae before the United States Court of Appeals for the Fourth Circuit, in support of vacatur and remand. The case involves the proper definition of the relevant geographic market in an antitrust counterclaim under Section 2 of the Sherman Act, 15 U.S.C. § 2, arising out of a trade dispute between the parties. The district court dismissed defendant’s counterclaim for failure to allege a proper geographic market, holding, as a matter of law, that a relevant geographic market in an antitrust case must be defined to include not only the locations of customers put at risk by the alleged anticompetitive conduct but also the locations of production for all supplies of the relevant product available to those customers. In their brief, the antitrust agencies urge the court of appeals to vacate the district court’s ruling and remand the case for further consideration of the sufficiency of defendant’s geographic market allegations under the proper legal standard.
Brief of the Federal Trade Commission as amicus curiae, before the en banc United States Court of Appeals for the Federal Circuit, in a case concerning an appeal of an International Trade Commission order banning the import of certain compact discs on the grounds that the importer, Princo Corp., infringed patents held by Philips Corporation. A divided Federal Circuit panel had held that the patents were unenforceable because Philips committed “patent misuse” by conspiring with another company to impose licensing restrictions that had the effect of blocking the development of alternative technologies and stifling potential competition. The FTC’s brief supports neither of the parties, but urges the en banc Federal Circuit, to the extent it draws on antitrust law to address the “patent misuse” claim, to recognize that pro-competitive efficiencies may justify some competitive restraints, but only if they are reasonably necessary to enable the companies to engage in productive collaboration, such as a joint venture to develop new technologies. The brief also emphasizes that, under the flexible “rule of reason” analysis used in antitrust cases, some “inherently suspect” business practices may be deemed anticompetitive without any elaborate analysis of market power or proof of actual harm to competition.
Joint brief of the United States and the Federal Trade Commission as amicus curiae in a case concerning whether the National Football League and its member teams collective actions can be exempt from antitrust review under Section 1 of the Sherman Act, which prohibits unreasonable restraints of trade. The brief urges the Supreme Court to vacate the judgment of the U.S. Court of Appeals for the Seventh Circuit, which had upheld a district courts summary judgment in favor of the NFL and its separately owned teams on the grounds that they function as a single entity when licensing and marketing their logos and trademarks under an exclusive licensing agreement with Reebok International Ltd. The brief states that the conduct of joint ventures, such as the NFL, is generally concerted action under Section 1. In discussing whether a sports league and its member teams should be deemed to function as a single entity for purposes of Section 1s concerted action requirement, the brief demonstrates that such treatment is only appropriate if two conditions are satisfied. First, the teams and the league must have effectively and legitimately merged the relevant aspect of their operations, thereby eliminating actual and potential competition among the teams and between the teams and the league in that operational sphere; and second, the challenged restraint must not significantly affect actual or potential competition among the teams or between the teams and the league outside their merged operations. In addition to asking the Supreme Court to vacate the judgment, the brief asks that the case be remanded for further proceedings and application of the correct legal standard for single-entity analysis.
Joint brief of the United States and the Federal Trade Commission as amicus curiae supporting petitioner, and urging reversal of a decision of the United States Court of Appeals for the Sixth Circuit. That court held that the bona fide error defense of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692k(c), could apply not just to clerical or mathematical errors, but also to errors of law. The brief argues that errors of law do not satisfy the FDCPA’s requirements for a “bona fide error” because such errors are never “not intentional,” and because a debt collector cannot maintain procedures reasonably adapted to avoid errors of law. The brief also argues that the provision was based on an identical provision in the Truth in Lending Act, which excludes errors of law.