Brief of the United States and the Federal Trade Commission in response to the invitation of the U.S. Court of Appeals for the Eighth Circuit to present the government’s views on the proper application of the executory contract doctrine in 11 U.S.C. Section 365 to contracts that implement antitrust divestiture decrees.
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 41 - 60 of 140
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 pharmaceutical companys refusal to sell product samples to potential generic competitors may violate the antitrust laws.
Brief of the United States as amicus curiae supporting respondents before the Supreme Court of the United States, addressing whether a court should enforce an arbitration agreement under the Federal Arbitration Act when the plaintiff demonstrates that its non-recoverable costs of arbitration will greatly exceed its potential recovery on a federal statutory claim.
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).
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 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.