Competition

  • April 28, 2016

    Rising Star: Whatley Kallas LLP's Henry C. Quillen

    Whatley Kallas LLP partner Henry C. Quillen has played a key role in complex class actions against Blue Cross Blue Shield, Cox Enterprises and others, earning himself a spot on Law360's list of top competition attorneys under the age of 40.

  • April 28, 2016

    Markit, ISDA Offer Concessions To Settle CDS Investigation

    The European Commission has garnered proposed concessions from the International Swaps and Derivatives Association and information provider Markit Group Ltd. about how they would settle allegations that they blocked credit default swap trading from moving to exchanges.

  • April 28, 2016

    FCC Advances Plan For New Business Data Regs Regime

    The Federal Communications Commission on Thursday moved forward with a controversial new proposal for rules for the business data services market, asking for feedback on how to determine whether markets are competitive and how to apply pricing and other regulations if they aren't.

  • April 28, 2016

    Split 9th Circ. OKs Steeper Sentences For Medical Suppliers

    Medical equipment suppliers who fraudulently overbill Medicare can be given longer sentences based on their positions of trust, a split Ninth Circuit ruled Thursday, saying a California couple convicted of $1.6 million worth of False Claims Act violations took advantage of a government honor system.

  • April 28, 2016

    Abbott's Cardio-Focused $25B Deal Could Raise FTC's Pulse

    Abbott Laboratories has touted its proposed $25 billion acquisition of medical device maker St. Jude Medical as a chance to combine the companies’ cardiovascular device offerings, but any overlap in that area could become a target for a divestiture order from the Federal Trade Commission, attorneys say.

  • April 28, 2016

    Pharmacies Say Express Scripts Conspiracy Suit Has Legs

    Express Scripts’ bid to escape an antitrust suit brought by compounding pharmacies who say it conspired with other pharmacy benefit managers to push them out of the market was little more than “self-serving fiction,” the compounders said in Missouri federal court Wednesday.

  • April 28, 2016

    InterDigital Wants Fed. Circ. To Eye Microsoft Antitrust Row

    InterDigital urged a Delaware federal court on Wednesday to allow the company to ask the Federal Circuit whether it should face allegations that it violated federal antitrust law after Microsoft failed to identify the specific patents that InterDigital allegedly relies upon to set what Microsoft calls unfair terms for licensing wireless technology.

  • April 28, 2016

    $835M Dow Chemical Price-Fixing Settlement Clears Hurdle

    A Kansas federal judge granted preliminary approval Wednesday to an $835 million settlement between Dow Chemical and a class of purchasers of an ingredient used in foam products, amounting to three-quarters of a judgment imposed on Dow after trial, saying the agreement appears to fairly resolve the purchasers’ price-fixing claims.

  • April 28, 2016

    Disbarred 'Kids For Cash' Atty Ducks Sanctions Bid

    Plaintiffs in class action litigation stemming from Pennsylvania’s so-called “Kids for Cash” judicial kickback scandal agreed Thursday to withdraw a motion for sanctions against Vision Holdings LLC and Powell Law Group for failing to pay the full amount of a $4.75 million settlement in the case.

  • April 28, 2016

    FCA Whistleblower Slams Hospice's Bid To Block Witnesses

    A False Claims Act whistleblower alleging Vista Hospice Care Inc. enticed fake referrals to boost enrollment in its program urged a Texas federal court Thursday to let two whistleblowers from another suit testify, saying their financial stake in the current case's outcome was legitimate.

  • April 28, 2016

    25 Charged With Fraud In $26M Medicare Part D Sweep

    Twenty-five people were charged in Florida federal court Thursday with participating in various pharmacy schemes that involved kickbacks and about $26 million total in false claims to Medicare's Part D program, the U.S. government said Thursday.

  • April 28, 2016

    Atty In NY Mayor Bribery Scheme Officially Disbarred

    An attorney who was convicted on fraud, bribery and witness tampering charges for his role in a scheme to buy a path for New York Republican Malcolm Smith into the mayor’s office was disbarred, according to a New York appeals court order Wednesday.

  • April 28, 2016

    2nd Circ. Upholds NY Politician's Corruption Conviction

    The Second Circuit on Thursday upheld a former New York City councilman’s conviction and sentence for his role in separate alleged corruption schemes, including a plot to bribe GOP leaders to allow a Democratic politician to run for mayor as a Republican, citing sufficient evidence and rejecting statutory arguments.

  • April 28, 2016

    Comcast, Roku Prove FCC Can Unlock Set-Top Box: Wheeler

    Federal Communications Chairman Tom Wheeler said Thursday that a plan by Comcast to let its subscribers access cable programming on a Samsung smart TV or Roku player proves the feasibility of his set-top box proposal but does not mean that industry will make programming available on a widespread basis without regulatory action.

  • April 28, 2016

    Houston Atty Makes Bid To Nix Lengthy RICO Suit Sanctions

    A Houston attorney, who along with his former clients was slapped earlier this month with sanctions related to litigation in a six-year-running lawsuit alleging Racketeering Influence and Corrupt Organizations act violations, asked a Texas federal judge Wednesday to reconsider his decision.

  • April 28, 2016

    Colgate To Pay Australia $14M Over Soap Collusion

    Colgate-Palmolive Pty. Ltd. must pay AU$18 million ($13.7 million) to the Australian government for collusion and other anti-competitive behavior with its soap-making rivals, Australian regulators said Thursday.

  • April 28, 2016

    DOJ Orders Divestitures For $4B KeyCorp, First Niagara Deal

    KeyCorp and First Niagara Financial Group Inc. will sell 18 of First Niagara’s branches in the Buffalo, New York, area to resolve antitrust concerns that arose from KeyCorp’s $4 billion merger deal with First Niagara, the U.S. Department of Justice said Thursday.

  • April 28, 2016

    Longtime UK Expats Lose Bid For Brexit Voting Rights

    A U.K. court ruled Thursday that British citizens who have been living abroad for more than 15 years can't vote in an upcoming referendum on whether the country will remain in the European Union, rejecting a suit from a White & Case LLP competition attorney.

  • April 28, 2016

    Wachtell Steers Abbott In $25B Deal For St. Jude Medical

    Abbott Laboratories, led by Wachtell, unveiled on Thursday a $25 billion cash-and-stock acquisition of medical device maker St. Jude Medical, strengthening its position in the cardiovascular market with products that can treat medical issues like atrial fibrillation, structural heart disease and heart failure.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

Expert Analysis

  • Highlights From 2nd FCC Video Marketplace Workshop

    Jennifer Scullion

    The Federal Communications Commission’s second public workshop on the video marketplace focused on smaller multichannel video programming distributors and independent programmers. Several common themes emerged, including frustration with the role of most favored nation clauses in carriage agreements, says Jennifer Scullion of Proskauer Rose LLP.

  • State Control Of Hospital Merger Review May Be A Good Idea

    Emily Chow

    In West Virginia, the Federal Trade Commission filed an administrative complaint to prevent the merger of two hospitals — just three months after the state attorney general announced his approval. Although West Virginia’s subsequent legislative acrobatics to secure state-action-exemption protection for certain hospital mergers are novel, to hospitals and other states, West Virginia might be on to something, say Emily Chow and Matth... (continued)

  • Collusion Confusion: An Economist's View Of Airline Case

    Zsolt Macskasi

    The idea that airlines might have been colluding is not too far-fetched, but an actual cartel that coordinates solely on capacity is a relatively rare phenomenon. While we await more facts in this case, it is useful to recognize that capacity collusion can be a nuanced topic for analysis, say Zsolt Macskasi and Don Martin of Ankura Consulting Group LLC.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Aetna V. BASM: A Health Care War Over Costs And Contracts

    Carol K. Lucas

    The jury's verdict in Aetna Life Insurance v. Bay Area Surgical Management should not be read as a death knell for the health care industry’s out-of-network model. However, it represents a significant battle in an ongoing war between insurers trying to control costs and out-of-network providers who argue they cannot contract on reasonable terms, says Carol Lucas at Buchalter Nemer.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Why Investors Are Suing Under Antitrust, Futures Laws

    Carol V. Gilden

    Having diversified their portfolios beyond U.S. stocks and bonds, today’s institutional investors are now diversifying their legal tools and increasingly using the antitrust laws and the Commodity Exchange Act to protect their investments. And recent cases highlight an important benefit of suing under these laws, say Carol Gilden and Michael Eisenkraft of Cohen Milstein Sellers & Toll PLLC.

  • M&A Strategies In A World Of Rising Antitrust Risk: Part 2

    Bernard A. Nigro Jr.

    One tactical issue to be kept in mind is to what extent merger agreement provisions will affect the leverage of antitrust regulators. Another tactic relates to the timing of a transaction based on political considerations, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • M&A Strategies In A World Of Rising Antitrust Risk: Part 1

    Philip Richter

    A variety of tools are available to craft remedies to antitrust concerns arising from a proposed transaction and to allocate the risk between the parties as to the possibility of regulatory approval not being obtained. Parties must be strategic in their selection of these tools and in creatively tailoring them in novel ways, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Gov't Hiring Private Attys Is Proper As A Matter Of Law

    Linda Singer

    Various corporate defendants have vigorously fought, lost and refought challenges to the government’s ability to hire outside counsel on a contingent-fee basis. These failed efforts show why the use of outside counsel by government agencies, rather than being wrong, is entirely right, says Linda Singer, former District of Columbia attorney general now with Cohen Milstein Sellers & Toll PLLC.