Antitrust

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  • Uber Eats sued DoorDash for hogging big buyers of “first-party delivery services”.
  • Uber Eats will need to show that DoorDash’s efforts to lock big chains into using its “first-party delivery services” block Uber Eats from access to a “substantial” part of the market.
  • False Claims Act
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  • Patent must claim drug’s “active ingredient” as invention to qualify for listing in FDA Orange Book.
  • Excess policy didn’t cover defense costs (although primary policy did).
  • Lack of control by vendor over merchants’ use of point of sale “builder” system whose use would infringe patent doomed vicarious infringement claim
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Spirit: The Home of the Bare Fare Keeps Flying.

On January 17, 2024, a judicial appointee of a President whose administration sharply curtailed antitrust enforcement* blocked a $3.8 billion attempt by JetBlue to merge its way into making the Big Four U.S. airlines (American, Delta, United, and Southwest) into the Big Five (with JetBlue as…