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and five major publishers to shift the sale of electronic books to an "agency model" distribution methodology.
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(US Court of Appeals, First Circuit US District Court, D.
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Novartis Pharmaceuticals Corporation, et al. United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. Motion to dismiss granted and affirmed on appeal. Brand name pharmaceutical manufacturer against third party payor health plans claims that it brought so-called "sham" litigation to enforce patents in an effort to impede generic competition.In re Rail Freight Fuel Surcharge Antitrust Litigation (US District Court, DDC). Major railroad, as co-counsel, in several nationwide class action antitrust law suits against major US railroads alleging collusion to fix fuel surcharges on freight shipments in violation of the Sherman Act.Generic pharmaceuticals manufacturer in defense of wholesaler (direct purchaser) and third party payor (indirect purchaser) class, opt-out direct and indirect purchaser actions, and State enforcement and damages actions, in a consolidated federal multi-district litigation and related state court actions, in which plaintiffs allege that the company conspired with several other generic drug makers to increase prices of a number of different generic drugs, creams, lotions and ointments.Major US Book Publisher in defense of purported class action alleging that several publishers discriminated in price in the sale of physical books in favor of Amazon, that Amazon induced such discrimination and that the discrimination was the result of a conspiracy among Amazon and the publishers to restrain competition for the sale of physical books.and several publishers conspired to restrain competition in the sale of electronic books by agreeing to certain alleged vertical restraints in the publishers’ individual distribution agreements with Amazon. Major US Book Publisher in defense of purported class actions alleging that Amazon Inc.
JUDICIAL CONSENT 1994 AT AMAZON PRO
Morgenstern speaks and writes regularly on antitrust and compliance issues facing US and multi-national businesses, and most recently Co-Chaired the Practising Law Institute's two-day program "Antitrust Law Institute 2021: Developments and Hot Topics." He also maintains an active pro bono practice primarily focused on education access and related issues facing disadvantaged and disabled students and communities. He also advises US and global companies with respect to the antitrust implications of mergers, acquisitions, joint ventures, trade association activities, distribution and pricing programs and other aspects of competitor and customer relations. He has represented businesses in a variety of industries in complex antitrust and other commercial disputes, class actions and multijurisdictional litigation before US federal and state courts, international arbitral tribunals, and in US government, state and foreign investigations. A trusted advisor to US and multinational businesses, Saul Morgenstern helps clients achieve their business objectives within the complex framework of antitrust and competition law, enforcement and regulation.