Aug 22, 2019

Eleventh Circuit Limits Local Utility Monopolies

City Water Supply

Can a municipal water utility use its monopoly to increase its natural gas sales to homeowners?  In Diverse Power, Inc. v. City of LaGrange, Georgia, Case No. 18-11014 (decided August 20, 2019), United States Court of Appeals for the Eleventh Circuit answered “no.” The City of LaGrange enjoys a monopoly on providing water service within the City of LaGrange and in portions of surrounding, unincorporated Troup County. The City also provides natural gas service to those areas.  In 2004, the La Grange City Council passed an ordinance that provided that for new residential construction outside of the city limits of… Read more

Feb 15, 2018

Russian Roadmap for Competition in Healthcare Targets Innovative Drug Developers and Pharmaceutical Patents

Pharmaceutical Patents

On January 12, 2018, the Russian Federation published an ambitious Roadmap For Development of Competition in Healthcare, including the latest shot across the bow of innovative drug developers, who are bracing for the possible loss of antitrust immunity, the establishment of procedures for compulsory licensing of pharmaceutical patents, the loss of exclusivity to data in applications for registration of pharmaceuticals, and other measures. Legislative initiatives to limit the scope of patent protection for pharmaceutical products are driven by the Federal Antimonopoly Service (FAS) but opposed by the Ministry of Health and the Russian patent and trademark office (“Rospatent”).  At least… Read more