The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

Ruckelshaus Decides

DDT Wars ◽  
2015 ◽  
Author(s):  
Charles F. Wurster
Keyword(s):  
New Orleans ◽  
Simple Procedure ◽  
Federal Court ◽  
Washington Dc ◽  
Appellate Courts ◽  
Court Of Appeals ◽  
The Us ◽  
Open Line ◽  
Appeals Court ◽  
Cotton Belt

All parties to the hearings knew that on June 14, 1972, at exactly 10 a.m., the door of the EPA administrator’s office would open and out would come someone to distribute copies of the decision on the future of DDT. Nobody knew what was in it, but all parties figured there would be something they would not like and would therefore want to appeal it to an appeals court. Appeals could be heard by any of several federal appellate courts around the country. More important, the first appeal made to any court would likely determine the location or venue where the appeal would be heard. The DDT proponents knew they had done poorly in the DC Court of Appeals, so they wanted to get their appeal out of DC; surely the cotton belt would be best. So they were waiting for that door to open with an open telephone line to the 5th Circuit Federal Court of Appeals in New Orleans, Louisiana. We knew what they were up to, so we were determined to file our appeal very quickly with the US Court of Appeals for DC, where we had done very well. That was not a simple procedure. Cell phones did not exist in those days. The EPA administrator’s door opened, the papers came out, and both appeals were rushed to the respective courts of appeal. Not a second was wasted to see what was in the decision. EDF attorney Bill Butler flashed the appeal on a pay phone, which had an open line to another pay phone in the DC Court of Appeals building near the clerk’s office, where EDF secretary Marie Bauman filed the EDF appeal. Each side claimed it had gotten to its preferred appeals court first. The DDT proponents said the case would move to New Orleans for the appeal. Much controversy and confusion ensued. Finally, it was decided that the clocks were not properly synchronized and that EDF had won the rapid communication derby: The case would stay in Washington, DC.

A great convergence: The American frontier and the origins of Japanese migration to Brazil

2021 ◽  
pp. 1-19
Author(s):  
Sidney Xu Lu
Keyword(s):  
Latin America ◽  
East Asia ◽  
Latin American ◽  
Ethnic Studies ◽  
Settler Colonialism ◽  
American Frontier ◽  
Westward Expansion ◽  
Meiji Japan ◽  
The Us ◽  
Two Sides

Abstract This article explains how the US westward expansion influenced and stimulated Japanese migration to Brazil. Emerging in the nineteenth century as expanding powers in East Asia and Latin America, respectively, both Meiji Japan and post-independence Brazil looked to the US westward expansion as a central reference for their own processes of settler colonialism. The convergence of Japan and Brazil in their imitation of US settler colonialism eventually brought the two sides together at the turn of the twentieth century to negotiate for the start of Japanese migration to Brazil. This article challenges the current understanding of Japanese migration to Brazil, conventionally regarded as a topic of Latin American ethnic studies, by placing it in the context of settler colonialism in both Japanese and Brazilian histories. The study also explores the shared experiences of East Asia and Latin America as they felt the global impact of the American westward expansion.

Theorising anti-racism in health and social care

2021 ◽  
Author(s):  
Esme Choonara
Keyword(s):  
White Supremacy ◽  
Social Care ◽  
Black Lives Matter ◽  
Health And Social Care ◽  
The Us ◽  
Per Se ◽  
The Uk ◽  
Different Levels

The emergence of the Black Lives Matter movement in 2020 in the context of a COVID-19 pandemic that was already disproportionally impacting on the lives of people from black, Asian and other minority ethnicities in the UK and the US has provoked scrutiny of how racism impacts on all areas of our lives. This article will examine some competing theories of racism, and ask what theoretical tools we need to successfully confront racism in health and social care. In particular, it will scrutinise the different levels at which racism operates – individual, institutional and structural – and ask how these are related. Furthermore, it will argue against theories that see racism as a product of whiteness per se or ‘white supremacy’, insisting instead that racism should be understood as firmly bound to the functioning and perpetuation of capitalism.

Right to Life and Capital Punishment in Transnational Judicial Dialogue

2021 ◽  
pp. 1-27
Author(s):  
Jimmy Chia-Shin Hsu
Keyword(s):  
Capital Punishment ◽  
The United States ◽  
Soviet Bloc ◽  
Right To Life ◽  
Value Choices ◽  
The Us ◽  
Direct Contrast ◽  
Analytical Argument ◽  
Per Se ◽  
The Right

Abstract In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment. This fills in a gap in the literature, which has failed to reflect new developments in Asia. Besides analysing various review approaches, I extrapolate recurrent analytical issues and reconstruct dialogues among these court decisions. Moreover, I place the analysis in historical perspective by periodising the jurisprudential trajectory of the right to life. The contextualised reconstructive dialogues offer multilayered understanding of my central analytical argument: for any court that may conduct per se review of capital punishment in the future, the highly influential South African Makwanyane case does not settle the lesson. The transnational debate has been kept open by the Korean Constitutional Court's decisions, as well as retrospectively by the US cases of Furman and Gregg. This argument has two major points. First, the crucial part of the reasoning in Makwanyane, namely that capital punishment cannot be proven to pass the necessity test under the proportionality review, is analytically inconclusive. The Korean Constitutional Court's decision offers a direct contrast to this point. Second, the exercise of proportionality review of the Makwanyane Court does not attest to the neutrality and objectivity of proportionality review. Rather, what is really dispositive of the outcome are certain value choices inhering in per se review of capital punishment.

June summits signal progress on EU-US trade ties

2021 ◽  
Keyword(s):  
Corporate Taxation ◽  
Gas Pipeline ◽  
Security Technology ◽  
Content Type ◽  
Transatlantic Cooperation ◽  
The Us ◽  
Us Government ◽  
Nord Stream ◽  
High Level ◽  
Two Sides

Significance The two sides have suspended tariffs arising from their dispute over subsidies to Airbus and Boeing, are working on an international deal on corporate taxation and have established a high-level council to discuss issues at the nexus of security, technology and trade. Impacts A major aim of closer transatlantic cooperation is better coordination of policies with respect to China. Closer transatlantic cooperation over China might soften US opposition to the Nord Stream 2 gas pipeline. It will be difficult for the US government to pass legislation concerning trade given the Democrats' precarious majority in both houses.

Protocol to the Convention on the Prohibition of Bacteriological (Biological) Weapons – History, Main Provisions, Significance and Reasons for Not Signing

2021 ◽  
Vol 5 (1) ◽  
pp. 4-21
Keyword(s):  
Ad Hoc ◽  
The United States ◽  
Biological Weapons ◽  
Pharmaceutical Companies ◽  
Special Role ◽  
International Agreement ◽  
Us Military ◽  
The Us ◽  
The Subject ◽  
Weapons Control

Received 30 January 2021. Accepted for publication 20 March 2021 The Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction (BTWC) does not have a legally binding verification regime. An attempt by the Ad Hoc Group of Experts, created by the UN Committee on Disarmament, to strengthen the BTWC by developing a legally binding document – the Protocol, was blocked by the United States in July 2001. The purpose of this work is to study the history, main provisions, significance and reasons for not signing the Protocol to the BTWC. The attention is paid to the events in biological weapons control, which have led a number of countries to the understanding of the necessity to develop the Protocol. The background of the US actions to block this document is the subject of special consideration. During the Second Review Conference on the Implementation of the Convention (8–25 September 1986, Geneva) the USSR, the German Democratic Republic and the Hungarian People's Republic proposed to develop and adopt the Protocol as an addition to the BTWC. This document was supposed to establish general provisions, definitions of terms, lists of agents and toxins, lists of equipment that was present or used at production facilities, threshold quantities of biological agents designed to assess means and methods of protection. The proposed verification mechanism was based on three «pillars»: initial declarations with the basic information about the capabilities of each State Party; inspections to assess the reliability of the declarations; investigations to verify and confirm or not confirm the alleged non-compliance with the Convention. The verification regime was to be under the control of an international organization – the Organization for the Prohibition of Bacteriological (Biological) and Toxin Weapons. However, the US military and pharmaceutical companies opposed the idea of international inspections. The then US Undersecretary of State for Arms Control and International Security, John Robert Bolton II, played a special role in blocking the Protocol. During the Fifth Review Conference in December 2001, he demanded the termination of the Ad Hoc Group of Experts mandate for negotiations under the pretext that any international agreement would constrain US actions. The current situation with biological weapons control should not be left to chance. Measures to strengthen the BTWC should be developed, taking into account the new fundamental changes in dual-use biotechnology. It should be borne in mind, that the Protocol, developed in the 1990s, is outdated nowadays.

Shareholder Value, Management Culture and Production Regimes in the Transformation of the German Chemical-Pharmaceutical Industry

2002 ◽  
Vol 6 (3) ◽  
pp. 309-325 ◽  
Author(s):  
Sigurt Vitols
Keyword(s):  
Recent Literature ◽  
Shareholder Value ◽  
Value Management ◽  
Pharmaceutical Companies ◽  
Drivers Of Change ◽  
Management Culture ◽  
Long Run ◽  
The Us ◽  
Production Regime ◽  
National Systems

One of the greatest points of controversy in the recent literature in political economy is the extent to which “shareholder value” oriented institutional investors are drivers of change in national systems of corporate governance. This article argues that the key question is how management cultures shape managerial responses to pressures for change from capital markets. Empirical evidence for this argument is provided through an examination of changes since the mid-1990s at the “Big Three” German integrated chemical/pharmaceutical companies: Hoechst, Bayer and BASF. Despite facing similar demands from shareholder-value oriented investors, management at the three companies have pursued quite different strategies. The end result, however, may be the same from a production regime perspective, that is, the long-run withdrawal of “Big Pharma” from Germany as a location for R&D due to a more favorable institutional framework in the US.

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