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Understanding the FTC's Monetary Equitable Remedies Under Section
Understanding the FTC’s monetary equitable remedies under Section 13(b) for antitrust violations By Gerald A. Stein, American Bar Association — Fall 2019 Until recently the Federal Trade Commission’s ability to seek monetary equitable remedies (particularly disgorgement and restitution) for alleged antitrust violations— whether ongoing, impending, or stale— went virtually unchallenged. After it first gained statutory authority under Section 13(b)1 of the FTC Act to bring suit in federal district court to preliminarily enjoin conduct that “is violating, or is about to violate” the antitrust laws, the FTC successfully convinced many federal courts that Section 13(b) also impliedly allowed the FTC to seek standalone permanent injunctions and monetary equitable remedies regardless of whether a defendant’s alleged anticompetitive conduct was ongoing or completed long ago.2 The FTC brought few antitrust cases in the years following the enactment for alleged antitrust violations pursuant to Section 13(b) where the alleged of Section 13(b) in 1973, and the agency formalized its conservative anticompetitive conduct was neither ongoing nor imminent. Next, in approach in its unanimously approved 2003 Policy Statement on Monetary FTC v. Credit Bureau Center LLC,5 the Seventh Circuit vacated an award for Equitable Remedies in Competition Cases. In 2012, however, the FTC restitution in a consumer protection case based on its determination that abruptly, and without providing an opportunity for public comment, Section 13(b) authorizes only restraining orders and injunctions. And, in a withdrew its 2003 Policy Statement, asserting that it created “an overly third case that is still pending, FTC v. -
Responding to Mylan's Inadequate Tender Offer
Responding To Mylan’s Inadequate Tender Offer: Perrigo’s Board Recommends That You Reject the Offer and Do Not Tender September 2015 Important Information Forward Looking Statements Certain statements in this presentation are forward-looking statements. These statements relate to future events or the Company’s future financial performance and involve known and unknown risks, uncertainties and other factors that may cause the actual results, levels of activity, performance or achievements of the Company or its industry to be materially different from those expressed or implied by any forward-looking statements. In some cases, forward-looking statements can be identified by terminology such as “may,” “will,” “could,” “would,” “should,” “expect,” “plan,” “anticipate,” “intend,” “believe,” “estimate,” “predict,” “potential” or other comparable terminology. The Company has based these forward-looking statements on its current expectations, assumptions, estimates and projections. While the Company believes these expectations, assumptions, estimates and projections are reasonable, such forward-looking statements are only predictions and involve known and unknown risks and uncertainties, many of which are beyond the Company’s control, including future actions that may be taken by Mylan in furtherance of its unsolicited offer. These and other important factors, including those discussed under “Risk Factors” in the Perrigo Company’s Form 10-K for the year ended June 27, 2015, as well as the Company’s subsequent filings with the Securities and Exchange -
2019 Health for Humanity Report
2019 Health for Humanity Report Progress in Sustainability Report Summary Contents Message from Our Chairman and CEO 3 Sustainability Approach 4 2019 Year in Brief 5 Better Health for All: Tackling the World’s 6 Toughest Health Challenges Better Health for All: Access, Community 7 Health & Innovation Responsible Business Practices 8 Environmental Health 9 UNICEF, the Government of Vietnam and Johnson & Johnson are partnering on a national program to train more than 500 ethnic minority midwives in remote regions to provide effective maternal and child health interventions including early essential newborn care in village clinics and homes. Photo by Paul Bettings Front cover Volunteers, frontline health workers and government officials at the launch of the Umurinzi vaccination program in Rwanda. In October 2019, Johnson & Johnson committed to donating up to 700,000 regimens of Janssen’s investigational Ebola vaccine to support the Ebola outbreak response in Rwanda and the Democratic Republic of the Congo. Photos by Rwanda Ministry of Health 2019 Health2017 for Health Humanity for HumanityReport Summary Report 33 Message from Our Chairman and CEO Dear Johnson & Johnson Stakeholders, We know this mission will always be unfinished, and affirmed unequivocally that there is a fundamental that we will occasionally fall short. But that only serves connection between serving all stakeholders and 2019 was a year of profound change and great contrasts as motivation to move faster than we’ve ever moved generating sustainable, long-term value. around the globe. before in making bigger strides toward some of our most ambitious goals. And as we’ve detailed in this Report, we The demands for global healthcare and responsible We saw unprecedented innovation and encouraging have plenty of positive momentum worth recognizing. -
2015 Annual Report
ANNUAL REPORT 2015 MARCH 2016 TO OUR SHAREHOLDERS ALEX GORSKY Chairman, Board of Directors and Chief Executive Officer This year at Johnson & Johnson, we are proud this aligned with our values. Our Board of WRITTEN OVER to celebrate 130 years of helping people Directors engages in a formal review of 70 YEARS AGO, everywhere live longer, healthier and happier our strategic plans, and provides regular OUR CREDO lives. As I reflect on our heritage and consider guidance to ensure our strategy will continue UNITES & our future, I am optimistic and confident in the creating better outcomes for the patients INSPIRES THE long-term potential for our business. and customers we serve, while also creating EMPLOYEES long-term value for our shareholders. OF JOHNSON We manage our business using a strategic & JOHNSON. framework that begins with Our Credo. Written OUR STRATEGIES ARE BASED ON over 70 years ago, it unites and inspires the OUR BROAD AND DEEP KNOWLEDGE employees of Johnson & Johnson. It reminds OF THE HEALTH CARE LANDSCAPE us that our first responsibility is to the patients, IN WHICH WE OPERATE. customers and health care professionals who For 130 years, our company has been use our products, and it compels us to deliver driving breakthrough innovation in health on our responsibilities to our employees, care – from revolutionizing wound care in communities and shareholders. the 1880s to developing cures, vaccines and treatments for some of today’s most Our strategic framework positions us well pressing diseases in the world. We are acutely to continue our leadership in the markets in aware of the need to evaluate our business which we compete through a set of strategic against the changing health care environment principles: we are broadly based in human and to challenge ourselves based on the health care, our focus is on managing for the results we deliver. -
2Nd Quarter 2015 Earnings Call Presentation
2nd Quarter 2015 Earnings Call Presentation July 14, 2015 1 Louise Mehrotra Vice President Investor Relations 2 Note on Forward-Looking Statements These presentations contain “forward-looking statements” as defined in the Private Securities Litigation Reform Act of 1995 regarding, among other things, future operating and financial performance, product development, market position and business strategy. The viewer is cautioned not to rely on these forward-looking statements. These statements are based on current expectations of future events. If underlying assumptions prove inaccurate or known or unknown risks or uncertainties materialize, actual results could vary materially from the expectations and projections of Johnson & Johnson. Risks and uncertainties include, but are not limited to, economic factors, such as interest rate and currency exchange rate fluctuations; competition, including technological advances, new products and patents attained by competitors; challenges and uncertainties inherent in new product development, including uncertainty of clinical success and obtaining regulatory approvals; uncertainty of commercial success for new and existing products; the ability of the company to successfully execute strategic plans; impact of business combinations and divestitures; challenges to patents; the impact of patent expirations; significant adverse litigation or government action, including related to product liability claims; changes to applicable laws and regulations, including global health care reforms; trends toward health -
2020 Annual Report Products
Products 2020 Annual Report From the CEO Dear Fellow Shareholders, Perrigo’s transformation to a pure-play Consumer Self-Care Company has come a long way LQMXVWWZRVKRUW\HDUV:HKDYHUHVWRUHGVXVWDLQDEOHWRSOLQHJURZWKGHOLYHUHGRQRXU¿QDQFLDO SURPLVHVUHFRQ¿JXUHGRXUSRUWIROLRRIEXVLQHVVHVXSGDWHGWKH,7LQIUDVWUXFWXUHDQGSURFHVVHV of the Company, expanded capacity, upgraded leadership talent, installed business intelligence capabilities, built a new product pipeline of over $500 million and re-instilled a sense of pride and energy among our 11,000 team members. Making this even more remarkable, is that we kept the WUDQVIRUPDWLRQRQWUDFNLQWKHIDFHRIWKHJOREDO&29,'SDQGHPLF,KRSH\RXDUHDVSURXGRI3HUULJR¶VJOREDOWHDP DV,DPIRUKRZWKH\ZRUNHGWRNHHSHDFKRWKHUVDIHNHSWRXUHVVHQWLDOSURGXFWVÀRZLQJDQGNHSWRXUWUDQVIRUPDWLRQ to a consumer self-care company on track through all of the personal and professional uncertainty that came their way LQ7KH\DUHKHURHV As a result of their efforts, Perrigo delivered strong net sales growth for the second year in a row in 2020 and World-wide Consumer sales reached a new record high. Equally important, the team stabilized adjusted operating income after a few years of decline even as we invested over $50 million in our business and overcame $35 million RIXQSODQQHGKHDGZLQGVGXHSULPDULO\WR&29,'UHODWHGVDIHW\FRVWVDQGEXVLQHVVLPSDFWIURPWKHZHDNFROG FRXJKDQGÀXVHDVRQUHODWHGWR&29,'¶VLPSDFWRQSXEOLFOLIH$OOLQDOOZHKDGDYHU\VWURQJ\HDU Our transformation efforts reached an essential milestone after the year closed when we announced the sale of RXU3UHVFULSWLRQ3KDUPDFHXWLFDOVEXVLQHVVWR$OWDULV&DSLWDO3DUWQHUV//&7KHWUDQVDFWLRQUHLQIRUFHVRXUDELOLW\ -
Pharma Pricing, Non-Profit Ties Get Increasing Scrutiny from Prosecutors
REGULATORY UPDATE REGULATORY UPDATE CONSUMER DRUGS Pediatric Rare Disease Voucher Japan Wants EMA To Stay In Digital Marketing: Health Care Brands’ Program Faces Expiration, p. 12 UK Post-Brexit, p. 15 Window Into Consumers’ Lives, p. 20 Pharma intelligence Pinkpink.pharmamedtechbi.comSheetVol. 78 / No. 38 September 19, 2016 informa Mylan NV was subpoenaed for material Pharma Pricing, Non-Profit Ties Get about the pricing of its generic doxycycline and communications with competitors. And Valeant Pharmaceuticals International Inc. is Increasing Scrutiny From Prosecutors facing several probes about its pricing and BRENDA SANDBURG [email protected] patient assistance programs (see chart, p. 5). Mylan’s doxycycline price increases were called out by Sen. Bernie Sanders, I-Vt., and Rep. Elijah Cummings, D-Md., in October 2014 when they sent letters to 14 generic drug makers about the pricing of their prod- ucts. They noted that from October 2013 to April 2014, the average price charged for a 500-count bottle of 100 mg tablets had risen from $20 to $1,829, an 8,281% increase. Mylan is now under fire for repeatedly rais- ing the price of its severe allergy treatment EpiPen (epinephrine), which has increased from about $100 for a two-pack in 2008 to more than $600. Members of Congress sent a flurry of letters to the company requesting an explanation for the price hikes. And on Sept. 6, New York Attorney Gen- Shutterstock: blvdone Shutterstock: eral Eric Schneiderman announced that his office has begun an investigation into rug makers have been unable to programs, contractual agreements with Mylan with regard to EpiPen, saying a pre- shake free of government inves- pharmacy benefit managers, support of liminary review revealed that Mylan may Dtigations of their marketing and non-profit organizations, and calculation have inserted potentially anticompetitive sales practices. -
Approved Prenatal Medications Pain Medications • Tylenol
Approved Prenatal Medications Pain Medications Tylenol (acetaminophen) for minor aches and pains, headaches. (Do not use: Aspirin, Motrin, Advil, Aleve, Ibuprofen.) Coughs/Colds Robitussin (Cough) Robitussin DM (non-productive cough) DO NOT USE TILL OVER 12 WEEKS Secrets and Vicks Throat Lozenges Mucinex Sore Throat Chloraseptic spray Saline Gargle Sucrets and Vicks Throat Lozenges Antihistamines/Allergies Zyrtec Claritin Benadryl Dimetapp Insomnia Benadryl Unison Hemorrhoids Preparation H Tucks Anusol Diarrhea Imodium (1-2 doses- if it persists please notify the office) BRAT diet (bananas, rice, applesauce, toast) Lice RID (only!) DO NOT USE Kwell Itching Benadryl Calamine or Caladryl Lotion Hydrocortisone cream Heartburn, Indigestion, Gas Tums Gas-X Mylanta Pepcid Maalox Zantac *DO NOT USE PEPTO BISMOL- it contains aspirin Decongestants Sudafed Robitussin CF- Only if over 12 weeks Tavist D Ocean Mist Nasal Spray (saline solutions) Nausea Small Frequent Meals Ginger Ale Vitamin B6 Sea Bands Yeast Infections Monistat Mycolog Gyne-lotrimin Toothache Orajel May see dentists, have cavity filled using Novocain or lidocaine, have x-rays with double lead shield, may have antibiotics in the Penicillin family (penicillin, amoxicillin) Sweetners- all should be consumed in moderation with water being consumed more frequently Nutrisweet (aspartame) Equal (aspartame) Splenda (sucralose) Sweet’n Low (saccharin) *note avoid aspartame if you have phenylketonuria (PKU) Constipation Colace Fibercon Citrucel Senokot Metamucil Milk of Magnesia Fiberall Miralax Eczema Hydrocortisone Cream Medications to AVOID Accurate Lithium Paxil Ciprofloxacin Tetracycline Coumadin Other Chemicals to AVOID Cigarettes Alcohol Recreational Drugs: marijuana, cocaine, ecstasy, heroin . -
Plaintiff Federal Trade Commission's Post-Trial Brief
Case 2:14-cv-05151-HB Document 403 Filed 03/23/18 Page 1 of 46 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA FEDERAL TRADE COMMISSION, Plaintiff, Case Number: 2:14-CV-5151-HB v. ABBVIE INC., et al., Defendants. PLAINTIFF FEDERAL TRADE COMMISSION’S POST-TRIAL BRIEF Armine Black Daniel S. Bradley Rebecca L. Egeland Jordy J. Hur Garth W. Huston Hannah Lamb Heather M. Johnson Thomas D. Mays Patricia M. McDermott Markus H. Meier Kara L. Monahan Lauren Peay Peter J. Taylor Matthew B. Weprin James Weingarten Attorneys for Plaintiff FEDERAL TRADE COMMISSION 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 (202) 326-2569 [email protected] Case 2:14-cv-05151-HB Document 403 Filed 03/23/18 Page 2 of 46 TABLE OF CONTENTS TABLE OF AUTHORITIES ........................................................................................................ ii KEY PERSONNEL ...................................................................................................................... vi I. Defendants’ objectively baseless lawsuits used the governmental process as an anticompetitive weapon .................................................................................................... 2 A. Defendants enjoyed substantial benefits from the collateral injuries their baseless lawsuits inflicted on Teva and Perrigo ...................................................... 3 B. The evidence at trial supports liability even under Defendants’ erroneous view that PRE requires proof that Defendants knew their lawsuits were baseless ......... -
Frequently Asked Questions
Frequently Asked Questions Why are these companies included on the "Do Test" list? The following companies manufacture products that are tested on animals at some stage of development. Those marked with a Ƈ are currently observing a moratorium on (i.e., current suspension of) animal testing. Please encourage them to announce a permanent ban. Listed in parentheses are examples of products manufactured by either the company listed or, if applicable, its parent company. For a complete listing of products manufactured by a company on this list, please visit the company's website or contact the company directly for more information. Companies on this list may manufacture individual lines of products that have not been tested on animals. They have not, however, eliminated tests on animals for their entire line of cosmetics and household products. What if a company isn't on either of PETA's lists? Some companies have refused to respond to specific questions about their testing practices. It appears likely that these companies do test on animals at some stage of product development, and their refusal to clarify their testing policies appears to be an attempt to mislead consumers. Other companies may be new. If you find a company not included on our lists, please share the company's contact information with PETA so that we can contact the company directly. Legend Ƈ The company is currently observing a moratorium on animal testing. 3M 3M Corporate 1-888-364-3577 www.solutions.3m.com Headquarters 3M Center St. Paul, Minnesota 55144-1000 Acuvue (Johnson & Johnson) Customer (800) 843-2020 www.acuvue.com/ Relations, D-QA 7500 Centurion Parkway Jacksonville, Florida 32256 Aim (Church & Dwight) P.O. -
Page 1 of 27 MD Consult: Diabetes, Diet For: Comprehensive Version
MD Consult: Diabetes, Diet for: Comprehensive Version: Patient Education Page 1 of 27 Boise Kidney and Hypertension 3525 East Louise Rd Ste 100 Meridian, ID 83642 208-846-8335 Diabetes diet Highlights Lifestyle Changes Essential for People at Risk for Diabetes Lifestyle interventions that include weight loss, dietary changes, and increased physical activity can definitely help prevent or delay the progression to diabetes among at-risk people, suggest several recent studies. Weight loss through diet and exercise is especially important for overweight people with pre-diabetes. Grain Fiber Important for Diabetes Prevention Eating whole-grain, fiber-rich, cereal foods may help reduce the risk of developing type 2 diabetes, indicates a 2007 study in the Archives of Internal Medicine. In the study, people who consumed the most fiber from grains and cereals had a 33% lower risk of developing diabetes than people with the lowest fiber intakes. The study also found an association between high magnesium intake and reduced diabetes risk. Although fruits and vegetables also contain fiber, they did not appear to affect diabetes risk. Low-Fat Dairy Products Incorporating low-fat dairy products (such as yogurt and milk) into a healthy diet may help reduce diabetes risk for women, suggests a study in Diabetes Care. Beware of Internet Dietary Supplement Scams In 2006, the FDA alerted consumers not to be misled by dietary supplements advertised on the Internet as treatments or cures for diabetes. These products have not been scientifically studied or approved. Low-Glycemic Index Diets Food low on the glycemic index -- such as whole grains, fruits, lentils, and soybeans -- can help promote weight loss and heart health. -
ODWB 16 0.Pdf
PACIFIC UNIVERSITY COLLEGE OF OPTOMETRY 2016 VICTORIA CONFERENCE July 21 to 24, 2016 Delta Victoria Ocean Point Victoria, B.C. CANADA COPE EVENT #111397 Date Speaker Title COPE Verification Thursday, Kathleen Elliott, Pediatrics/Geriatrics – Take 42824 July 21, OD Your Pick (2 hrs) 2 hours 2016 GO Implications of Selected Corneal Jeffrey Urness, 49516 2 hours Conditions on Refractive Surgery OD (2 hrs) AS Therapeutic Environment, Diet and Amber Giannoni, Supplements: What Role Do 40852 1 hour OD They Play in Dry Eye Disease? (1 hr) AS Therapeutic Friday, Amber Giannoni, Dry Eye and Systemic Disease 40851 2 hours July 22 OD (2 hrs) SD Therapeutic 49515 Kathleen Elliott, The ABC’s of Pediatric Eye Care 1 hour OD (1 hr) FV John McGreal, New Ideas in Glaucoma 43612 2 hours OD Management (2 hrs) GL Therapeutic Total hours offered: 10 Total hours earned: Name License # Mailing Address ______ Please retain a copy of this stamped form as verification of hours earned. Please be advised that your individual state board makes the final determination of applicable hours. For more information, contact Pacific University College of Optometry, 2043 College Way . Forest Grove, OR 97116 . 503-352-2202 1 of 193 2 of 193 PACIFIC UNIVERSITY COLLEGE OF OPTOMETRY 2016 VICTORIA CONFERENCE July 21 to 24, 2016 Delta Victoria Ocean Point Victoria, B.C. CANADA COPE EVENT #111397 Date Speaker Title COPE Verification Saturday, John McGreal, The Latest Trends in 43497 2 hours July23 OD Contemporary Medicine (2 hrs) PH Therapeutic Non-Surgical Radiofrequency Kathleen Elliott, 46927 2 hours Periocular Soft Tissue OD Rejuvenation (2 hrs) AS Therapeutic 42998 John McGreal, New Tools for the Tool Box 1 hour OD (1 hr) GO Sunday, Jeffrey Urness, 49517 1 hour Bacterial Corneal Ulcers (1 hr) July 24 OD AS Therapeutic 49514 Kathleen Elliott, Pediatric Case Reports: The 1 hour OD Good, Bad and Ugly (1 hr) FV 43552 Amber Giannoni, Setting Up a Dry Eye Practice 1 hour OD (1 hr) PM Jeffrey Urness, Corneal Transplantation Front 40409 2 hours OD to Back, Side to Side.