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Life After LePage’s : The 3rd Circuit decision has left bundling law in a tangle; Global Confession: With enforcers worldwide, applying for amnesty gets complicated; Beyond Borders: Beware the tendency of U.S. regulators to think globally; Drug Busts: Authorized generics can harm competition and consumers. And the feds are noticing; A Little Trouble: Huge fines garner the headlines. But smaller firms can be charged, too.
How to Limit LePage’s Effect Three years ago this month, the 3rd Circuit’s controversial en banc decision in LePage’s Inc. v. 3M brought forth a torrent of — mostly critical — analysis from the antitrust commentariat. The intervening years have confirmed the reality of the mess left by LePage’s. • Complicated Confessions Although the rewards of immunity — reduced fines and civil damages from cooperating with government authorities — may seem appealing, the decision to apply for leniency is complex, requiring the advice of experienced legal counsel. • Looking Beyond the Oceans Companies about to engage in mergers involving broad global markets face an initial series of thorny jurisdictional questions… • We’ll Sell Generics, Too Antitrust history teaches that the combination of potential monopoly rewards and a regulatory system often leads firms to manipulate the regulatory process. Some firms will seek out loopholes to secure monopoly rents. • Small Doesn’t Mean Safe The big news in antitrust enforcement is always the international investigation that ends in a fine of tens or hundreds of millions of dollars. But if this gives comfort to small companies and their counsel, they should think again.

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