The Paul, Weiss Antitrust Practice advises clients on a full range of global antitrust matters, including antitrust regulatory clearance, government investigations, private litigation, and counseling and compliance. The firm represents clients before antitrust and competition authorities in the United States, the European Union, the United Kingdom and other jurisdictions around the world.
Aidan Synnott Publishes Article in Global Competition Policy
November 28, 2008 Full PDF
Litigation partner Aidan Synnott published an article in the November 2008 issue of Global Competition Policy, which reviews recent antitrust rulings to examine the district court's decision In re: DDAVP Direct Purchaser Antitrust Litigation, to hold that direct purchasers of a product from a monopolist which secured its monopoly by fraud on the Patent Office do not have standing to bring a Walker Process claim. The article finds the court's holding to be erroneous, identifying where the district court failed in its decision and noting that in almost every instance, the direct customers of a monopolistic have standing because they are the ones required to pay artificially high prices created by the monopolist's wrongfully obtained ability to raise prices. The United States Court of Appeals for the Second Circuit will hear the appeal of this case, which will include an amicus brief recently filed by the DOJ and the Federal Trade Commission disagreeing with the district court's ruling.