Competition

  • February 8, 2016

    3M Drops Bid To DQ Quinn Emanuel Atty In 'Sham' Patent Row

    3M Co. reached a compromise Monday with a military-grade earplugs maker to allow the rival's Quinn Emanuel Urquhart & Sullivan LLP attorney to stay aboard Minnesota federal antitrust litigation over an alleged “sham” patent suit, even though he might be a witness in the case.

  • February 8, 2016

    Don't Limit Aggrenox Pay For Delay Discovery, Judge Told

    Boehringer Ingelheim and Teva told a Connecticut federal court Friday it would be “profoundly unfair” to limit discovery in a pay-for-delay case over Aggrenox solely to that medication, insisting the relevant market extends beyond the stroke prevention drug and its generics.

  • February 8, 2016

    Nexium Buyers Push 1st Circ. For New Pay-For-Delay Trial

    Wholesalers, pharmacies and other Nexium buyers asked the First Circuit on Friday for another shot to prove their case that AstraZeneca and Ranbaxy inked an illegal pay-for-delay deal for the heartburn medication, arguing that "fundamental flaws" in the way the district court ran the class action mandated a new trial.

  • February 8, 2016

    US Wants Bid For Afghan Co.'s Funds To Wait For Prosecution

    The U.S. government asked a D.C. federal court Monday to pause its effort to recover more than $70 million held at an Afghan bank by a NATO subcontractor accused in a kickbacks scheme, saying developments in the civil case could undermine a criminal case filed late last year against the company’s owner.

  • February 8, 2016

    Allied Tells 9th Circ. Hospital Owes $8M In FTC Defense Costs

    Allied World National Assurance Co. urged the Ninth Circuit Monday to reverse a district court ruling that it can’t get reimbursed for nearly $8 million in defense costs from St. Luke’s Health System Ltd. in a Federal Trade Commission antitrust suit, saying the hospital is required to repay the funds.

  • February 8, 2016

    Eaton, Volvo Tell 3rd Circ. Antitrust Suit Correctly Tossed

    Eaton, Volvo and several truck manufacturers have asked the Third Circuit to reject a bid to revive a putative class action against the companies for allegedly entering into anticompetitive agreements that hiked the cost of Eaton’s transmissions, saying a lower court properly found the lead plaintiff lacked standing.

  • February 8, 2016

    UPMC To Pay $12.5M To Settle Price Conspiracy Suit

    The University of Pittsburgh Medical Center has agreed to pay $12.5 million to settle a local hotel's class action claims that the regional health care giant, along with Highmark Inc., inflated the price of small group insurance plans through an antitrust scheme, according to a Friday filing.

  • February 8, 2016

    Investors Say New Info Boosts Forex Case Against Banks

    The investors accusing Deutsche Bank AG, Morgan Stanley and other financial institutions of rigging foreign exchange markets told a New York federal court on Friday that their second amended complaint is supported by information gleaned from settlements with nine other banks and shouldn’t be dismissed.

  • February 8, 2016

    Dechert Nabs Antitrust Litigator From Buchanan Ingersoll

    Dechert LLP said Monday it has added a highly regarded former Buchanan Ingersoll & Rooney PC attorney in Philadelphia who brings extensive experience litigating antitrust and trade regulation issues and handling class actions and securities disputes.

  • February 8, 2016

    FERC Rulings Zap Power Competition, 7th Circ. Told

    In two appeals before a Seventh Circuit panel Monday, energy investor LSP Transmission Holdings LLC said the Federal Energy Regulatory Commission bypassed its own rule protecting competition when it gave companies the right of first refusal on electrical projects.

  • February 8, 2016

    Airbus, Safran Offer Antitrust Concessions On Launcher Deal

    Airbus Safran Launchers, a joint venture between French aerospace giant Airbus Group and rocket maker Safran SA, offered further commitments Friday to Europe’s competition regulator to ease antitrust concerns over its acquisition of the entire stake in satellite launch company Arianespace.

  • February 8, 2016

    NYC Tells State Cablevision-Altice Deal Raises Concerns

    The New York City Public Advocate slammed details of a proposed merger between Cablevision Systems Corp. and European telecommunications company Altice NV on Friday before a New York state regulator, saying that the city must review the deal and it could result in serious debt concerns without a public benefit.

  • February 8, 2016

    Auction House President Gets 5 Yrs For Price-Rigging

    The former president and chief operating office of a Chicago-based auction house will spend the next five years in prison for placing sham bids on rare sports memorabilia to drive up prices and “double-crossing” the FBI after agreeing to be an informant, an Illinois federal judge announced on Monday.

  • February 8, 2016

    Pa. Trader Seeks Court Fight Over FERC Manipulation Charge

    A shuttered Pennsylvania-based trading firm, its founders and several employees on Friday vowed to fight the Federal Energy Regulatory Commission's bid to impose over $38 million in fines for alleged electricity market manipulation in federal court, insisting in a filing with the commission that its trading activity was aboveboard.

  • February 8, 2016

    Demand For NFL Tix Throws Wrench Into Pricing Challenges

    Issues over the availability of tickets to the NFL’s biggest games, including the Super Bowl, have drawn lawsuits and the eye of regulators like the New York attorney general, but despite such scrutiny, finding the line between unfair markups and high demand seems difficult.

  • February 5, 2016

    11 Antitrust Attorneys Earn Top Marks From GCs

    A group of 11 attorneys who work on antitrust and competition matters won plaudits from general counsel at some of the world's biggest companies in a new report naming private practice attorneys who offer stellar client service.

  • February 5, 2016

    GCs Name Best Of The Best Attorneys

    More than 60 lawyers have been recognized by corporate counsel for cracking the code of client satisfaction and standing out among their peers for at least two years straight.

  • February 5, 2016

    8 Firms Boast The Most Client-Savvy Attorneys

    The names of eight law firms were repeatedly on the lips of general counsel this year as they reported which attorneys stood out to them as the best of the best in client service.

  • February 5, 2016

    Autograph Dealers Say Cartel Claims Are Viable

    Two memorabilia dealers on Friday said a California federal judge should not dismiss their antitrust suits over an alleged cartel in the autographed sports and entertainment collectibles market, arguing that they have adequately alleged a conspiracy to withhold autograph authentication from rivals’ goods.

  • February 5, 2016

    FTC Wants Patent Prosecution Docs In Androgel Fight

    The fight over discoverable documents in a pay-for-delay suit over testosterone replacement treatment AndroGel continued Thursday, when the Federal Trade Commission filed three motions seeking to force AbbVie Inc. and other drugmakers to turn over documents it says are related to the drug’s patent.

Expert Analysis

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.

  • FERC 'Seaway II' Order Is A Win For Oil Pipeline Industry

    Emily Pitlick Mallen

    The importance of the Federal Energy Regulatory Commission's recent decision regarding Seaway Crude Pipeline Company LLC extends beyond the purview of the Interstate Commerce Act's pipeline regulation. It provides some of the strongest words on FERC’s primacy over its administrative law judges' authority and sets an important precedent on ratemaking principles, say attorneys at Van Ness Feldman LLP.

  • EU Antitrust Vs. US Companies

    Paula Riedel

    From time to time, the European Commission is accused of unfairly targeting U.S. companies in its antitrust scrutiny. Competition Commissioner Margrethe Vestager has been quick to reject this suggestion. Our quick look at cases involving U.S. companies reveals a nuanced picture, say attorneys with Kirkland & Ellis LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • What's Going On With The Sharing Economy In Spain?

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    The sharing economy is now in fashion worldwide and Spain is no exception. Platforms such as Uber, Blablacar and Airbnb have revolutionized the economy and will soon be part of a whole range of applications that will change the way we offer and consume goods across every sector. Nevertheless, this sudden emergence of "sharing" models is causing considerable friction, says Alexander Benalal of Bird & Bird LLP.

  • Civil Litigation Outlook For 2016

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    There are several significant civil litigation trends emerging in 2016, including burgeoning antitrust litigation at the U.S. Department of Justice, growth in securities and consumer class actions, the changes to Federal Rule of Civil Procedure 26(b) and the potential for marked increases in patent litigation, says Reid Schar at Jenner & Block LLP.

  • Management System Standards' Growing Role In Compliance

    Christopher L. Bell

    The big question regarding the International Organization for Standardization's forthcoming anti-bribery management systems standard is whether it will follow in the footsteps of the environmental management systems standard and become a prominent feature in commercial relationships, and whether it will be viewed by the authorities as a credible foundation for an effective compliance program, says Christopher Bell of Greenberg Traurig LLP.

  • Cicero On Legal Advocacy

    Eliot J. Walker

    Today’s lawyers might be surprised to find that the teachings of Cicero remain relevant to modern practice. In recognition of the ancient Roman orator's birthday this month, Skiermont Derby LLP attorney Eliot Walker offers three practice points for lawyers and politicians plucked from Cicero’s seminal dialogue on rhetoric.

  • 4 Ways To Improve The Business Intake Process

    Terrence J. Coan

    When executed properly, an efficient new business intake process can drive growth, minimize risk, and ensure new clients support a law firm’s business and financial objectives. But determining how to streamline the NBI process is easier said than done, says Terrence Coan, leader of HBR Consulting LLC's information governance and risk management practice.

  • Right Distribution Is Key To Successful Beer Remedies

    Andre P. Barlow

    Anheuser-Busch InBev's CEO repeatedly said during the Senate hearing that the merger will have no impact on the U.S. market because of ABI’s proposed divestiture of SABMiller’s interest in the MillerCoors joint venture. But the only way that will be true is if the U.S. Department of Justice secures three very important remedies to safeguard independent distributorship, says Andre Barlow of Doyle Barlow & Mazard PLLC.