A Florida federal magistrate judge on Thursday recommended dismissal sanctions in a False Claims Act suit against two doctors and their spouses accused of Medicare fraud, after the relator who originally sued a home health care company and seven doctor-spouse couples failed to attend a deposition.
A Delaware Chancery judge on Friday cleared the way for Family Dollar Stores Inc.'s upcoming shareholder vote on the board-approved $8.5 billion buyout offer from fellow discount retailer Dollar Tree Inc., rejecting a call by certain Family Dollar investors to hold up the meeting.
Samsung Electronics Co. Ltd has urged the U.S. Supreme Court to reject Panasonic Corp.’s bid to rebury Samsung’s antitrust suit alleging Panasonic restrained competition through a patent-licensing deal on secure digital memory cards, arguing that the Ninth Circuit rightly found that Samsung alleged a single continuing violation.
The European Union's highest court on Thursday overturned a decision slashing a marine hose cartel fine against Parker ITR Srl from €25.61 million ($31.32 million) to €6.4 million, ordering a lower court to reconsider the case.
A Texas federal judge denied Retractable Technologies Inc.'s attempt to add a charge of monopoly power to a jury's 2013 verdict against Becton Dickinson and Co., saying that Becton's declining 50 percent market share constituted a "proper basis" justifying the jury's conclusion that it lacked monopoly standing.
The European Commission on Friday cleared market researcher IMS Health’s €385 million ($470.1 million) acquisition of parts of French rival Cegedim's business, conditioned on certain divestitures and agreements, concluding the revised deal doesn’t threaten competition with less choice and higher prices.
Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.
Cohen Milstein Sellers & Toll PLLC's Kit Pierson hammered out a $400 million settlement for consumers with Apple Inc. in the e-books price-fixing case and helped get a $1 billion judgment against Dow Chemical Corp. in an antitrust class action, landing him a spot on Law360's list of Competition MVPs.
Investors in Wal-Mart Stores Inc. have called for sanctions against the company for ignoring a court order to turn over all relevant internal files on what its directors knew about the possibility its officials handed out bribes in exchange for helping it set up shop in Mexico.
Dollar General Corp. said Friday that it is still in talks with the Federal Trade Commission to resolve antitrust concerns tied to its hostile $9.1 billion bid for Family Dollar Stores Inc., the rival that already agreed to sell itself to a third discount retailer.
Nippon Cargo Airlines Co. Ltd. has agreed to pay $36.55 million to resolve a long-running putative class action claiming the carrier conspired with other airlines to hike air cargo rates during much of the 2000s, the plaintiffs told a Brooklyn federal court Thursday.
Luxembourg will fork over information about its secret tax rulings for corporations to European authorities and stop fighting the European Commission's demands for details, the country's prime minister said Thursday.
U.S. trade officials wrapped up a three-day summit with their Chinese counterparts late Thursday, touting progress on a slew of bilateral commercial irritants, including Beijing's anti-monopoly enforcement, approval of genetically modified foods, and certain intellectual property rules.
Motorola Mobility LLC asked the entire Seventh Circuit to rehear its $3.5 billion price-fixing case against several liquid-crystal-display panel makers, arguing Wednesday that an appellate panel was wrong to rule that the Foreign Trade Antitrust Improvements Act blocked the claims.
From helping college athletes triumph over the National Collegiate Athletic Association to securing victory for Apple Inc. in a $351 million trial regarding an iTunes software update, William Isaacson of Boies Schiller & Flexner LLP has had a banner year, landing him a spot on Law360’s list of Competition MVPs.
A California federal judge said Thursday she would likely throw out a proposed consumer class action accusing Google Inc. of stifling competition for the Internet search engine feature in Android devices, saying she was “baffled” by allegations that Google attempted to monopolize that market.
A D.C. federal judge on Wednesday rejected Kellogg Brown & Root Services Inc.’s "old arguments" that attorney-client privilege protected its business-conduct documents from being compelled by a whistleblower alleging kickback activity in Iraq, but limited the whistleblower’s access to witness statements from KBR’s internal monitoring.
A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.
An e-book buyer lodged an appeal on Wednesday challenging the $30 million in attorneys' fees granted to the plaintiffs' class counsel in the contingent $450 million price-fixing settlement with Apple Inc.
The U.K.’s Supreme Court refused to hear an appeal Thursday filed by Russian aluminum producer United Co. Rusal against the London Metal Exchange, effectively upholding the clearing house’s right to implement new metal storage rules aimed at reducing delivery backlogs.
Despite the government continuously sending signals that it approves of gainsharing, such arrangements are illegal for both hospitals and physicians and yet, given the past and current position of the U.S. Department of Health and Human Services' Office of Inspector General, the office is highly unlikely to take enforcement action against a gainsharing arrangement with safeguards, says Norman Tabler Jr. of Faegre Baker Daniels LLP.
Though the U.S. Supreme Court in Actavis provided a general framework for lower courts to utilize in evaluating reverse payment cases, it expressly deferred to lower courts the task of “structuring” the rule-of-reason analysis announced in the case. Over the last year, trial courts have taken divergent views, says Jonathan Watkins of Zelle Hofmann Voelbel & Mason LLP.
The explosion of international business efforts in new and unfamiliar areas with new and unfamiliar people has greatly increased the Foreign Corrupt Practices Act compliance risk for companies in the aerospace and defense industry at a time of budget austerity because of the declining U.S. defense budget, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.
There remain serious questions on whether the Serious Fraud Office in the United Kingdom is really best equipped to be prosecuting individuals relating to issues such as Libor and forex manipulation, which are already being investigated by the Financial Conduct Authority and other regulators, says Aamir Khan, general counsel and the senior director for the U.K. and Europe at legal services firm Clutch Group.
The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)
It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.
The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.
Recent trends, along with seemingly choreographed statements from high-ranking U.S. Department of Justice officials, provide something of a forecast for what may be on deck for 2015. An analysis of that data points to three key areas of focus, all tied to a coordinated effort to shift the spotlight onto individual offenders, says Timothy Belevetz, a partner with Holland & Knight LLP and former federal prosecutor.
Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.
In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.