Competition

  • July 28, 2016

    New STB Switching Regs Draw Fire Over Clarity Concerns

    The Surface Transportation Board's long-anticipated proposed regulations allowing shippers served by only one major carrier in their region to get access to another railroad may stimulate competition, but the lack of clear definitions for which situations qualify for so-called competitive switching could mean chaos for shippers and railroads if not addressed when the rule becomes final, experts say.

  • July 28, 2016

    FIFA World Cup Ticket Suit Gets The Boot

    A Nevada federal judge on Wednesday tossed a proposed class action from a pair of FIFA fans accusing the soccer organization and affiliated ticket resellers of conspiring to jack up World Cup ticket prices, saying the fans never purchased the hospitality packages at the center of their case.

  • July 28, 2016

    Valeo Agrees To $2.1M Settlement With Auto Dealerships

    Valeo Japan Co Ltd. and affiliates have agreed to pay $2.1 million to auto dealers in multidistrict litigation in Michigan federal court in which the dealers accuse the company of conspiring to fix the prices of air conditioning systems.

  • July 28, 2016

    German Antitrust Concerns Scuttle Owens Corning Purchase

    Owens Corning has canceled plans for its €73 million ($81 million) acquisition of Ahlstrom’s glass non-wovens and fabrics business unit after the Bundeskartellamt--the German Competition Authority--raised concerns that the transaction would be detrimental to competition in the market, the authority said Thursday.

  • July 28, 2016

    Ex-Utah AG Escapes Remaining Corruption Charges

    The remaining corruption charges against former Utah Attorney General Mark Shurtleff were dismissed Wednesday, two years after prosecutors accused him of obstructing justice and taking improper gifts.

  • July 28, 2016

    11th Circ. Won't Revive Fla. Real Estate Fraud Case

    The Eleventh Circuit on Thursday upheld a lower court’s dismissal of allegations that a pair of developers conspired to defraud high-end real estate buyers in Florida by falsely inflating property sale prices, saying the buyers’ “unwieldy, everything-but-the-kitchen-sink approach to pleading” failed.

  • July 28, 2016

    FCC Urged To Exclude Small Providers From Set-Top Box Plan

    The American Cable Association on Tuesday told the Federal Communications Commission that whatever plan it adopts to allow consumers to access their pay-TV programming on third-party devices, the rules should not apply to smaller companies that could be pushed out of the market. 

  • July 28, 2016

    Costco's Calif. Claims Can't Proceed In Antitrust MDL

    A California federal court on Thursday dismissed claims brought by Costco Wholesale Corp. under California law in antitrust litigation regarding an alleged conspiracy to price-fix cathode ray tubes used in TVs and computer monitors, saying Washington law governs the claims.

  • July 28, 2016

    Acadia Offers Remedies For $2.2B Priory Acquisition To UK

    Acadia has offered concessions to the U.K. Competition and Markets Authority to win regulatory clearance of its $2.2 billion completed acquisition of mental health rehabilitation firm Priory Group, the agency said Thursday.

  • July 28, 2016

    FCA Says Firms Showing Improvements After Forex Scandal

    More than 30 firms working on the U.K.'s forex market and enrolled in a corrective program after the forex manipulation scandal are showing “real improvements,” the Financial Conduct Authority said Thursday, urging the firms’ peers to learn similar lessons.

  • July 28, 2016

    Par Pharma Sued For Abusing Monopoly Of Vasopressin

    Fresenius Kabi USA LLC on Wednesday filed suit in a New Jersey federal court against Par Pharmaceutical Cos. Inc., the maker of an intravenous vasopressin solution, alleging the company abused its monopoly position and hampered potential competitors from entering the market for the drug.

  • July 28, 2016

    CORRECTED: Skeloses Face Continuing Fallout From Convictions

    Former New York State Senate leader Dean Skelos saw his name stricken from New York’s attorney roll Wednesday, finalizing his automatic disbarment for his December conviction on corruption charges, just a day after his also-convicted son abandoned his efforts to fight a forfeiture proceeding of his Long Island home. (Correction: An earlier story mischaracterized the agreement Adam Skelos reached with the federal government. The error has been corrected.)

  • July 27, 2016

    Watson Pushes To Sever Lidoderm, Opana Pay-For-Delay Suits

    Watson Laboratories Inc. and its owner, Allergan PLC, on Tuesday again urged a Pennsylvania federal court to sever the Federal Trade Commission's case claiming that Watson delayed generic competition for Lidoderm from another similar case over Opana ER, saying the FTC is unable to show any logical relationship.

  • July 27, 2016

    Momenta Wins Dismissal Of Blood-Clot Drug Antitrust Suit

    A Massachusetts federal judge on Wednesday said that Amphastar Pharmaceuticals Inc. cannot bring federal antitrust claims against Momenta Pharmaceuticals Inc. for allegedly suppressing competition of sales of a generic blood clot drug because its alleged injury stems from a prior court-issued injunction, immunizing Momenta from suit.

  • July 27, 2016

    Mylan Must Divest Two Generics To Buy Meda, FTC Says

    The Federal Trade Commission on Tuesday cleared the way for drugmaker Mylan NV’s $7.2 billion acquisition of Swedish drugmaker Meda AB, provided Mylan divests assets for two generic drugs in order to settle anti-competitive claims.

  • July 27, 2016

    Anthem's New Merger Defenses Won't Rattle DOJ

    Anthem is previewing its counterattack against the DOJ’s challenge to a proposed merger with Cigna, but observers on Wednesday were skeptical of the insurance giant’s claims about cost savings and stronger competition.

  • July 27, 2016

    Mass. Hospital Says Suit Against Competitor Wasn't 'Sham'

    A Massachusetts hospital chain told a federal judge in Boston on Wednesday that the state suit it filed against a competitor to stop it from opening a new heart center, though ultimately unsuccessful, was far from a "sham" that could form the basis of an antitrust claim.

  • July 27, 2016

    Broker Pleads Guilty To Role In $131M Investment Scheme

    A securities broker pled guilty in New York federal court on Wednesday to securities fraud in relation to a scheme that bilked investors of lighting company ForceField Energy Inc. out of approximately $131 million, the U.S. Department of Justice said in a statement.

  • July 27, 2016

    Mega-Merger Reviews Show DOJ Obstinance On Remedies

    The U.S. Department of Justice last week announced its decisions in three of the most-watched merger review cases in recent memory, and the outcomes show the administration will remain adamant in rejecting merger remedies that do not preserve the competitive status quo in a market, experts said.

  • July 27, 2016

    FTC Clears Teva's $40.5B Generics Buy With Divestitures

    The Federal Trade Commission said Wednesday it will allow Teva to move forward with its planned $40.5 billion acquisition of Allergan’s generic business, provided that the Israel-based generics giant sells the rights and assets related to 79 pharmaceutical products.

Expert Analysis

  • Clayton Act Takeaways From Tullett Prebon-ICAP Deal

    Michael B. Bernstein

    The U.S. Department of Justice's recent settlement with ICAP and Tullett Prebon — restructuring their proposed $1.5 billion transaction — serves as an important reminder that Clayton Act Section 8 is not only a compliance issue, but also an important consideration in mergers and acquisitions and other areas that may affect the composition of a board of directors, say Michael Bernstein and Francesca Pisano of Arnold & Porter LLP.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and a recent U.S. Supreme Court decision demonstrate how the government replaces juries, removing the jury as an important decision maker in the community and as a check on governmental power — roles that are especially important in these times, says Professor Suja A. Thomas of the University of Illinois College of Law.

  • A Look At UK's 2nd Deferred Prosecution Agreement

    Kevin Robinson

    The U.K. Serious Fraud Office recently announced that it had secured its second deferred prosecution agreement. One of the most significant features of the financial settlement is that the as-yet-unidentified U.K. company’s U.S. parent has been made responsible for funding almost the entirety of the penalty, says Kevin Robinson of Morgan Lewis & Bockius LLP.

  • Active Vs. Passive Investing: The Struggle Of 2 Agencies

    Ethan A. Klingsberg

    Recent efforts by the U.S. Department of Justice and the U.S. Securities and Exchange Commission to determine where to draw the line between active and passive investing will have an immediate impact on hedge fund activism. The results of the two agencies’ efforts — in pursuit of different policy objectives — will become increasingly tricky and significant, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Latest FCPA Deal Validates Pilot Program

    William Steinman

    The U.S. Department of Justice's recent decision to close its Foreign Corrupt Practices Act investigation of Johnson Controls without charges provides a glimmer of hope that self-disclosure under the so-called pilot program might just be worthwhile, says William Steinman of Steinman & Rodgers LLP.

  • DOJ, FTC More 'Upfront' About Divestiture Requirements

    Gregory P. Luib

    Lost in all the publicity over high-profile mergers that have foundered for lack of an acceptable remedy is the fact that the agencies continue to resolve the vast majority of merger challenges by consent but are doing so with a marked increase in the use of upfront buyers, says Gregory Luib of Dechert LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • Generic Drug Price Surges Don't Always Point To Collusion

    Ceren Canal Aruoba

    Since 2014, more than 10 class actions have been filed alleging price-fixing conspiracies among numerous generic drug manufacturers. However, while large price increases such as those alleged in these cases may be concerning, they could simply reflect market dynamics and do not necessarily imply any illegal behavior, say Ceren Canal Aruoba and Sally Woodhouse at Cornerstone Research.