Antitrust Law Daily Wrap Up, ANTITRUST—10th Cir.: Utah may proceed with Contact Lens Consumer Protection Act enforcement, (Jun 16, 2015)
Law Firms Mentioned:Cravath, Swaine & Moore | Parsons Behle & Latimer | Sidley Austin | Skadden, Arps, Slate, Meagher & Flom | Snell & Wilmer | Stoel Rives
Organizations Mentioned:Alcon Laboratories, Inc. | Alcon, Inc. | Bausch & Lomb Inc. | Bausch & Lomb, Inc. | Cravath Swaine & Moore, LLP | Johnson & Johnson Vision | Johnson & Johnson Vision Care, Inc. | Parsons Behle & Latimer, PLC | Sidley Austin, LLP | Skadden Arps | Snell & Wilmer, LLP | Stoel Rives, LLP
By Greg Hammond, J.D.
The U.S. Court of Appeals in Denver has lifted its temporary injunction, which prohibited the Utah Attorney General from enforcing the Contact Lens Consumer Protection Act. The court determined that the appellants failed to satisfy the requirements necessary for injunction pending appeal (Johnson & Johnson Vision Care, Inc. v. Reyes, June 12, 2015, per curiam).
Contact lens manufacturers Alcon Laboratories, Inc., Johnson & Johnson Vision Care, Inc., and Bausch & Lomb filed suit against Sean D. Reyes, the Attorney General of the State of Utah, seeking to enjoin Utah from enforcing its newly enacted Contact Lens Consumer Protection Act (Contact Lens CPA). Utah became the first state in March 2015 to enact legislation attempting to restrict unilateral pricing policies for contact lenses. The Contact Lens CPA prohibits contact lens manufacturers and distributors from taking any action to fix or control the prices a retailer charges or advertises for contact lenses.
The federal district court in Salt Lake City denied the manufacturers’ motion for preliminary injunction on May 11, 2015, finding that the plaintiffs were not likely to succeed on their claims that the Contact Lens CPA is unconstitutional. Johnson & Johnson, Alcon, and Bausch & Lomb appealed to the U.S. Court of Appeals in Denver.
The court of appeals entered a temporary injunction on May 13, prohibiting the Utah Attorney General from enforcing the Contact Lens CPA. The temporary injunction was made pending the court’s determination on the manufacturers’ emergency motion for injunction pending appeal.
Having found that the appellants have failed to satisfy the requirements necessary for an injunction pending appeal, the court vacated the temporary injunction and denied the motion for injunction pending appeal. The request to expedite the appeal, however, was granted.
The case numbers are 15-4071, 15-4072, and 15-4073.
Attorneys: David Greenwald (Cravath, Swaine & Moore) and Amber M. Mettler (Snell & Wilmer) for Alcon Laboratories, Inc. Kwaku Akowuah (Sidley Austin) and Kenneth Brent Black (Stoel Rives) for Johnson & Johnson Vision Care, Inc. Erik Anthony Christiansen (Parsons Behle & Latimer), Steven Sunshine, Cliff Sloan, and Maria A. Raptis (Skadden, Arps, Slate, Meagher & Flom) for Bausch & Lomb. Parker Douglas, Office of the Attorney General for the State of Utah.
Companies: Johnson & Johnson Vision Care, Inc.; Alcon Laboratories, Inc.; Bausch & Lomb Inc.
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