Competition

  • September 19, 2014

    Auditing Co. Can’t Ax Broker-Dealer’s Suit Over $66M Fraud

    A New Jersey judge on Friday refused to toss Direct Access Partners LLC's suit accusing auditing firm Rothstein Kass & Co. PC of negligence for missing a $66 million foreign trading and bribery fraud that contributed to its parent company's bankruptcy, paving the way for discovery, an attorney for the broker-dealer said.

  • September 19, 2014

    DOJ Says It Proved AmEx Steering Rules Harm Competition

    The U.S. Department of Justice told a New York federal judge Thursday that it successfully proved at trial that American Express Co.'s rules preventing merchants from steering customers to alternative credit card products are anti-competitive and flout the Sherman Act, ahead of closing arguments next month.

  • September 19, 2014

    Ex-Mayer Brown CIO's Sentencing Delayed Again Over E-Book

    A former Mayer Brown LLP chief information officer’s reckoning for victimizing the firm in a $4.8 million billing and kickback scheme was delayed yet again on Friday as a last-minute dispute over his compliance with a plea agreement flared up at his sentencing hearing.

  • September 19, 2014

    Drugmakers Face Liability For Abusing FDA Safety Controls

    New legislation in the U.S. House of Representatives would let generic-drug makers sue for heavy damages if brand-name manufacturers, under the guise of drug-safety restrictions, refuse to supply products needed for the testing and approval of copycat medications.

  • September 19, 2014

    Sharp Fights To Opt Out Of Deals In CRT Price-Fixing MDL

    Sharp Electronics Corp. on Thursday appealed the denial of its bid to opt out of $46 million in settlements with Hitachi Inc. and Samsung Group in multidistrict litigation over alleged cathode ray tube price-fixing, roughly two weeks after a California federal judge nixed its reconsideration attempt over the matter.

  • September 19, 2014

    UK Appeals Court Upholds Innospec Bribery Convictions

    A U.K. appeals court on Friday upheld the convictions of two former Innospec Ltd. executives over their roles in a bribery scheme designed to drum up business in Indonesia and Iraq, but reduced one of their prison terms from four years to three.

  • September 19, 2014

    SanDisk, PNY Settle Antitrust Suit Over SD Cards

    A California federal judge on Thursday signed off on a settlement between PNY Technologies Inc. and SanDisk Corp., ending a bumpy three-year-long lawsuit in which PNY accused its rival of monopolizing the memory card industry with exclusive licensing agreements.

  • September 19, 2014

    GSK Fined Record $489M For Bribery In China

    GlaxoSmithKline PLC was fined a record 3 billion yuan ($488.5 million) on Friday for bribing doctors in a verdict handed down by a Chinese court, which also sentenced several of the drugmaker’s executives to up to four years in prison, according to Chinese media reports.

  • September 18, 2014

    News Corp.'s Google Worries Show Difficulty For EU Deal

    News Corp. CEO Robert Thomson has joined the chorus of Google Inc. opponents and backed the European Commission's decision to push for yet another settlement offer in its search bias case, underscoring the difficulty attorneys say the European Union antitrust watchdog will have in finding a compromise that makes everyone happy.

  • September 18, 2014

    Ex-Detroit Public Library Honcho Gets 10 Years For Bribery

    The Detroit Public Library's former chief administrator has been sentenced by a Michigan federal court to 10 years in prison for taking $1.5 million in bribes while running the 22-branch library, a prosecutor confirmed Thursday.

  • September 18, 2014

    Medtronic Pays States To Settle Defibrillator FCA Claims

    Medtronic Inc. reached an agreement with 46 states and the District of Columbia to settle a whistleblower's False Claims Act allegations that the company offered illegal kickbacks to physicians to implant its pacemakers and defibrillators, in a deal that follows a $10 million federal settlement, New York’s attorney general said on Thursday.

  • September 18, 2014

    SEC Targets 8 Over Penny-Stock Fraud, Banker Charged

    The U.S. Securities and Exchange Commission on Thursday sued eight individuals over their alleged role in a pump-and-dump scheme, including a purported California merchant banker who also faces criminal charges that he masterminded the fraud and another who allegedly used illegal profits toward an earlier SEC penalty.

  • September 18, 2014

    2nd Circ. Tosses Iraq’s Suit Over $10B Oil-For-Food Scheme

    The Second Circuit on Thursday upheld the dismissal of Iraq's $10 billion racketeering lawsuit accusing multinational companies of helping Saddam Hussein defraud the United Nations’ so-called Oil-for-Food program, finding the Hussein regime acted as a representative of the Middle Eastern nation, which could not sue itself.

  • September 18, 2014

    Hitachi, Mitsubishi Execs Indicted Over Auto Parts Cartel

    Seven executives from Mitsubishi Electric Corp. and Hitachi Automotive Supply Ltd. on Thursday were indicted in Michigan federal court for their role in a scheme to fix the prices of automotive products, the U.S. Department of Justice has announced.

  • September 18, 2014

    Pie Maker Seeks Dough With Antitrust Class Action

    Pie company Savory Pie Guy LLC slapped dough equipment company Comtec Industries Ltd. with an antitrust class action in New York federal court on Wednesday, claiming Comtec prevents its customers from buying products from its rivals in order to maintain a monopoly.

  • September 18, 2014

    Sen. Proposes 5-Year Sunset For NFL Antitrust Exemption

    A U.S. Senate Democrat on Wednesday announced he is crafting a plan to phase out perpetual antitrust exemptions in pro sports to promote good behavior, a proposal that arrives at a time when the National Football League is under scrutiny for the off-field behavior of its players.

  • September 18, 2014

    UK Publishers Reportedly Seek Amazon Antitrust Probe

    A trade group representing the British book publishing industry has reportedly asked the U.K.'s antitrust regulator to investigate whether Amazon.com Inc.'s dealings with publishers run afoul of the country's competition laws.

  • September 18, 2014

    Contractors Hit Pixar, Disney With New Anti-Poaching Suit

    Pixar Inc., The Walt Disney Co. and other animation studios were hit with a new putative class action in California federal court Wednesday alleging they conspired to fix the pay of contractors, who cited testimony from a similar antitrust case brought by engineers against Apple Inc. and other tech giants. 

  • September 17, 2014

    FCC Urged To Shut Down $49B AT&T-DirecTV Deal

    Advocacy organizations Public Knowledge and the Institute for Local Self-Reliance urged the Federal Communications Commission on Tuesday to either deny AT&T Inc.'s proposed $48.5 billion acquisition of DirecTV Inc. or approve the deal with easily verifiable conditions.

  • September 17, 2014

    OECD Says Cooperation Bolsters Competition Enforcement

    The Organization for Economic Cooperation and Development on Tuesday outlined several recommendations for bolstering international coordination of competition enforcement, calling for enhanced cooperation on investigations and unabated confidential information sharing between nations at a time when the global economy is ripe for transnational anti-competitive activities. 

Expert Analysis

  • The EU General Court Gets A Rap On Its Knuckles

    James Webber

    In a case involving a French association of banking institutions, the EU Court of Justice severely reprimanded the General Court for its failure to properly analyze a restriction of competition "by object," thus reminding both the European Commission and the General Court that not all agreements between undertakings can be presumed to harm competition, say attorneys with Shearman & Sterling LLP.

  • 4 Hot Issues In 3rd-Party Due Diligence

    Michael Volkov

    Lawyers who deal with anti-corruption risks and third parties have passed around standard clauses they like to use in their agent and distributor contracts. But taking a more creative approach to contract drafting is an important way to minimize risk, says Michael Volkov of The Volkov Law Group LLC.

  • FERC Proposal Would Benefit Market-Based Rate Entities

    William D. Degrandis

    The Federal Energy Regulatory Commission's proposed market-based rate revisions would streamline filing and clarify when procedures are relevant to different types of entities, which could materially reduce burdens and costs, say William Degrandis and Candice Castaneda of Paul Hastings LLP.

  • What The EU MasterCard Ruling Means For Banks, Retailers

    Irene Fraile

    The EU Court of Justice recently dismissed MasterCard Inc.’s final appeal against a 2007 antitrust infringement decision. This judgment finally puts an end to a seven-year legal battle over interbank card fees and will have a profound impact on banks, merchants and, ultimately, consumers, says Irene Fraile of Constantine Cannon LLP.

  • Criminal Antitrust Policy: Bigger Sticks, Smaller Carrots

    Mark Rosman

    Recent policy statements on the U.S. Department of Justice’s criminal antitrust enforcement program provide additional clarity, and significant reaffirmation, on the DOJ’s policies and practices in prosecuting breaches of the antitrust laws. But some comments may leave companies seeking more clarification, say Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati.

  • OPINION: Why Didn’t McDonnell Plead Guilty?

    Daniel Suleiman

    Given the price of defeat and the strength of the government’s evidence, why didn’t former Virginia Governor Robert McDonnell plead guilty when he had the chance? There are three common reasons why white collar criminal defendants choose to fight instead of admit guilt, says Daniel Suleiman, special counsel at Covington & Burling LLP and a former senior official in the U.S. Department of Justice Criminal Division.

  • Problems With Volume Of Commerce In Antitrust Sentencing

    Robert Connolly

    As the Sentencing Commission reviews the antitrust guidelines, we urge that consideration be given to reforming the way volume of commerce escalates an individual’s recommended prison guidelines range, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former Antitrust Division prosecutors.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • Esquenazi In Korea: Identifying Instrumentalities Abroad

    Samantha Dreilinger

    Efforts to apply the Esquenazi definition in Korea — a country where the government plays a significant yet often obscured role in several important industries — reveal that the definition leaves important questions unresolved and provides little comfort to companies trying to determine whether a potential business partner may be subject to the Foreign Corrupt Practices Act, say attorneys with Cadwalader Wickersham & Taft LLP and Kim & Chang.