A European Union court on Wednesday affirmed antitrust regulators' approval of Microsoft Corp.'s $8.5 billion takeover of video-chat provider Skype Technologies SA, shooting down Cisco Systems Inc.'s challenge to the tie-up and finding the transaction didn’t threaten competition in the video communications market.
An Illinois federal judge granted class certification to customers claiming the merger of two Chicago-area hospital groups resulted in price hikes for patients, finding Tuesday that the class showed the case would best be heard as a class action.
Ex-Detroit Mayor Kwame Kilpatrick was ordered Tuesday to pay $4.5 million in restitution to the city by a Michigan federal judge, following his corruption conviction over his alleged acceptance of bribes and kickbacks in exchange for municipal contracts.
Target Corp. on Monday sued Technicolor SA, Mitsubishi Electric Corp. and others for allegedly fixing prices for cathode-ray tubes, the latest action to be filed in sprawling, years-old multidistrict litigation over the purported wide-ranging conspiracy.
The U.K. Serious Fraud Office on Tuesday announced that it is abandoning its case against London-based businessman Victor Dahdaleh, who was charged with bribing officials of a Bahraini state-owned smelting company, after two Akin Gump partners refused to testify in the case.
The Federal Trade Commission asked a Pennsylvania federal judge Monday to add Teva Pharmaceutical Industries Ltd. as a defendant in its antitrust suit over payments Provigil maker Cephalon Inc. made to block generic versions of its drug, citing Teva's acquisition of the company.
A Florida judge allowed on Tuesday a taxi company and a shuttle operator to intervene in a suit brought by a Tampa limousine operator that's challenging a local $50 minimum fare rule set by the Hillsborough County Public Transportation Commission.
India’s competition watchdog announced Monday it was levying a fine of 17.7 billion rupees ($290 million) against state-run mining giant Coal India Ltd. and three of its subsidiaries for illegally leveraging its dominant position as the country’s largest supplier to enter into unfair supply deals.
Sony/ATV Music Publishing LLC urged a New York federal judge on Monday to dismiss a $100 million antitrust suit against it and Apple Corps Ltd. for halting the release of a Beatles documentary, saying the suit is redundant and the film's debut was thwarted by an injunction, not a conspiracy.
Longtime rivals Rambus Inc. and Micron Technology Inc. on Monday announced they have inked a broad patent cross-license agreement that definitively ends 13 years of patent and antitrust litigation, with Micron paying up to $280 million to Rambus over the next seven years.
The Tennis Channel Inc. asked the U.S. Supreme Court last week to review a lower court's conclusion that Comcast Cable Communications LLC did not discriminate against it in favor of similar, competing, Comcast-affiliated networks, saying the decision rewrote discrimination law and clashes with precedent.
Drugmakers Johnson & Johnson and Novartis AG on Tuesday were hit with a total of €16.3 million ($22.4 million) in fines by European regulators for entering into an anti-competitive agreement to delay the introduction of a generic painkiller in the Netherlands.
The U.S. Supreme Court on Tuesday ruled that it should not have agreed to hear a union's appeal of an Eleventh Circuit ruling that an employer's agreement to remain neutral on union organizing could violate anti-bribery law, dismissing the case as improvidently granted.
A New Jersey federal judge on Monday junked a whistleblower’s False Claims Act suit accusing Express Scripts Inc. and other companies of using inflated average wholesale prices to devise a Medicaid overbilling scheme, ruling the public disclosure doctrine blocked the suit.
A New York federal judge on Friday tossed a putative antitrust class action alleging Amazon.com Inc. conspired with the six largest book publishers to monopolize the e-book market and prevent competitors from undercutting their prices, ruling the plaintiffs couldn’t back up their claims with evidence.
The attorneys general of more than 30 states on Friday shot back at Apple Inc.'s bid to dismiss their case seeking damages for the company's alleged conspiracy with publishers to fix e-book prices, calling it a "Hail Mary" attempt to avoid accountability.
A New York federal judge at a hearing Thursday denied a bid by the International Swaps and Derivatives Association Inc. to disqualify Quinn Emanuel Urquhart & Sullivan LLP from serving as lead counsel in multidistrict litigation over credit default swap, or CDS, market rigging, saying there was no conflict of interest.
A New Jersey bankruptcy judge last week dealt a blow to Prime Healthcare Services Inc., upholding the sale of a bankrupt hospital and dismissing Prime’s lawsuit against the purchaser, which Prime said conspired to box the company out of the New Jersey hospital market.
A German engineering firm will pay $32 million to resolve allegations it breached the Foreign Corrupt Practices Act by bribing Nigerian government officials in an effort to score a $387 million natural gas pipeline contract, federal officials announced Monday.
Sheppard Mullin Richter & Hampton LLP recently landed a new partner from Weil Gotshal & Manges LLP who will bring his skills in competition, consumer protection and deceptive-conduct law to the firm's New York antitrust and trade regulation practice group, Sheppard Mullin said Monday.
Ongoing antitrust disputes in the sports-licensing context involving the NFL and its teams, and the National Collegiate Athletic Association and its member institutions, could have a profound effect on the business of professional and collegiate sports in 2014 and beyond, says Miriam Vishio of Dickstein Shapiro LLP.
While the revisions to the EU merger rules are meant to reduce the administrative burden and cost for business, they will increase the burden imposed on companies when a close review of the transaction is required in order to assess potential competitive effects. This increased burden may outweigh the benefits of the revision package, say Svajune Sakalyte and Jens Hackl of Morrison & Foerster LLP.
In light of the proposed e-discovery amendments to the Federal Rules of Civil Procedure, businesses need to set themselves up to efficiently respond to discovery and requests for information from their counsel by implementing and following document-control policies as part of normal business practices. The failure to do so will eventually consume vast amounts of employee time, say Steven Cvitanovic and Colin Murphy of Haight Brown & Bonesteel LLP.
The U.S. Securities and Exchange Commission has generally not concerned itself with improper conduct involving embargoed countries. But the SEC’s complaint in the recent Weatherford International Ltd. case suggests that the agency takes the position that inaccurate accounting of transactions with embargoed countries can result in violations of the Exchange Act, say attorneys with Ropes & Gray LLP.
Earlier this year, the Seventh Circuit found that the Clayton Act’s nationwide service-of-process and venue clauses must be read as an integrated whole — the third federal appeals court to reach this conclusion. The ruling may mark a tipping point, commanding influence within other circuits that have yet to decide whether the Clayton Act permits nationwide venue in antitrust cases, say Stephen Safranski and Mahesha Subbaraman of Robins Kaplan Miller & Ciresi LLP.
What is the thinking as to whether leaky air conditioner cases warrant multidistrict litigation treatment? On Dec. 5, the Judicial Panel on Multidistrict Litigation heads to Vegas to find out. This will bring a temperature shift in more ways than one from the September hearing, where the panel considered a potential MDL proceeding arising from allegedly defective clothes dryers, says Alan Rothman of Kaye Scholer LLP.
Two recent decisions in the Fifth Circuit and the Federal Circuit involving Kellogg Brown & Root Services Inc. dealt with vicarious liability under the Anti-Kickback Act for subcontractor kickbacks accepted by KBR’s employees. Both decisions are flawed, but they should alert contractors to a serious need to revisit ethics and compliance programs to address kickback situations, says John Pachter of Smith Pachter McWhorter PLC.
Five years ago, the Federal Trade Commission waded into the debate regarding the competition issues posed by “follow-on biologics.” Some three years after Congress provided a pathway for approval of such products, no follow-on biologic has been approved by the U.S. Food and Drug Administration. Now the FTC is revisiting the issue — particularly state restrictions, say attorneys with Wilson Sonsini Goodrich & Rosati.
Because Latin American countries differ substantially from one another, there is no effective one-size-fits-all approach to anti-corruption compliance in the region. That said, companies doing business in the region should be aware of a number of recurring compliance concerns that may lead to an increased risk of violating the FCPA or other applicable anti-bribery laws, say attorneys with Debevoise & Plimpton LLP.
The U.S. Supreme Court once famously warned against a “literal approach” to the application of the Sherman Act. Literalism, according to the court, is “overly simplistic and often overbroad.” And we learn again in Gulf States Reorganization Group v. Nucor Corp. that a rival’s “lousy” intent alone does not violate the act, says Alan Kusinitz of Proskauer Rose LLP.