Competition

  • December 19, 2014

    Fla. Doctors Near FCA Win After Whistleblower Goes MIA

    A Florida federal magistrate judge on Thursday recommended dismissal sanctions in a False Claims Act suit against two doctors and their spouses accused of Medicare fraud, after the relator who originally sued a home health care company and seven doctor-spouse couples failed to attend a deposition.

  • December 19, 2014

    Chancery Won't Block Family Dollar Vote On $8.5B Buyout

    A Delaware Chancery judge on Friday cleared the way for Family Dollar Stores Inc.'s  upcoming shareholder vote on the board-approved $8.5 billion buyout offer from fellow discount retailer Dollar Tree Inc., rejecting a call by certain Family Dollar investors to hold up the meeting.

  • December 19, 2014

    Samsung Tells High Court Memory Cartel Suit Should Survive

    Samsung Electronics Co. Ltd has urged the U.S. Supreme Court to reject Panasonic Corp.’s bid to rebury Samsung’s antitrust suit alleging Panasonic restrained competition through a patent-licensing deal on secure digital memory cards, arguing that the Ninth Circuit rightly found that Samsung alleged a single continuing violation.

  • December 19, 2014

    EU Antitrust Watchdog Gets Do-Over On Marine Hose Fine Cut

    The European Union's highest court on Thursday overturned a decision slashing a marine hose cartel fine against Parker ITR Srl from €25.61 million ($31.32 million) to €6.4 million, ordering a lower court to reconsider the case.

  • December 19, 2014

    Becton Didn't Hold Monopoly Power, Judge Rules

    A Texas federal judge denied Retractable Technologies Inc.'s attempt to add a charge of monopoly power to a jury's 2013 verdict against Becton Dickinson and Co., saying that Becton's declining 50 percent market share constituted a "proper basis" justifying the jury's conclusion that it lacked monopoly standing.

  • December 19, 2014

    EU Approves €385M IMS-Cegedim Deal Pending Fixes

    The European Commission on Friday cleared market researcher IMS Health’s €385 million ($470.1 million) acquisition of parts of French rival Cegedim's business, conditioned on certain divestitures and agreements, concluding the revised deal doesn’t threaten competition with less choice and higher prices.

  • December 19, 2014

    Reckitt Asks Judge To Again Consider Axing Suboxone Suit

    Reckitt Benckiser Inc. has urged a Pennsylvania federal judge to reconsider his decision to allow Suboxone buyers to pursue claims that the drugmaker violated antitrust law by using a "product-hopping" scheme to delay generic competition for the opiate addiction treatment.

  • December 19, 2014

    Competition MVP: Cohen Milstein's Kit Pierson

    Cohen Milstein Sellers & Toll PLLC's Kit Pierson hammered out a $400 million settlement for consumers with Apple Inc. in the e-books price-fixing case and helped get a $1 billion judgment against Dow Chemical Corp. in an antitrust class action, landing him a spot on Law360's list of Competition MVPs.

  • December 19, 2014

    Wal-Mart Accused Of Ignoring Order To Give Up Bribery Files

    Investors in Wal-Mart Stores Inc. have called for sanctions against the company for ignoring a court order to turn over all relevant internal files on what its directors knew about the possibility its officials handed out bribes in exchange for helping it set up shop in Mexico.

  • December 19, 2014

    Dollar General Still Talking With FTC Over Family Dollar Bid

    Dollar General Corp. said Friday that it is still in talks with the Federal Trade Commission to resolve antitrust concerns tied to its hostile $9.1 billion bid for Family Dollar Stores Inc., the rival that already agreed to sell itself to a third discount retailer.

  • December 19, 2014

    Nippon Shells Out $37M To Exit Air Cargo Price-Fixing MDL

    Nippon Cargo Airlines Co. Ltd. has agreed to pay $36.55 million to resolve a long-running putative class action claiming the carrier conspired with other airlines to hike air cargo rates during much of the 2000s, the plaintiffs told a Brooklyn federal court Thursday.

  • December 19, 2014

    Luxembourg Will Share Tax Ruling Info With EU

    Luxembourg will fork over information about its secret tax rulings for corporations to European authorities and stop fighting the European Commission's demands for details, the country's prime minister said Thursday.

  • December 19, 2014

    US, China Forge Ahead On GMOs, Other Commercial Issues

    U.S. trade officials wrapped up a three-day summit with their Chinese counterparts late Thursday, touting progress on a slew of bilateral commercial irritants, including Beijing's anti-monopoly enforcement, approval of genetically modified foods, and certain intellectual property rules.

  • December 18, 2014

    Motorola Asks Full 7th Circ. To Rehear LCD Price-Fixing Row

    Motorola Mobility LLC asked the entire Seventh Circuit to rehear its $3.5 billion price-fixing case against several liquid-crystal-display panel makers, arguing Wednesday that an appellate panel was wrong to rule that the Foreign Trade Antitrust Improvements Act blocked the claims.

  • December 18, 2014

    Competition MVP: Boies Schiller's Bill Isaacson

    From helping college athletes triumph over the National Collegiate Athletic Association to securing victory for Apple Inc. in a $351 million trial regarding an iTunes software update, William Isaacson of Boies Schiller & Flexner LLP has had a banner year, landing him a spot on Law360’s list of Competition MVPs.

  • December 18, 2014

    Judge ‘Baffled’ By Claim Google Monopolized Mobile Search

    A California federal judge said Thursday she would likely throw out a proposed consumer class action accusing Google Inc. of stifling competition for the Internet search engine feature in Android devices, saying she was “baffled” by allegations that Google attempted to monopolize that market.

  • December 18, 2014

    Judge Snubs KBR's 'Old Args' On Privilege In Kickbacks Row

    A D.C. federal judge on Wednesday rejected Kellogg Brown & Root Services Inc.’s "old arguments" that attorney-client privilege protected its business-conduct documents from being compelled by a whistleblower alleging kickback activity in Iraq, but limited the whistleblower’s access to witness statements from KBR’s internal monitoring.

  • December 18, 2014

    Ex-NJ Construction Exec Gets Probation In Bid-Rigging

    A former owner of a New Jersey construction company once accused of funneling about $350,000 in bribes and kickbacks to a port terminal operator and a state official in exchange for lucrative contracts was sentenced on Thursday to three years' probation.

  • December 18, 2014

    E-Books Buyer Appeals $30M Attys' Fee Award In Apple Deal

    An e-book buyer lodged an appeal on Wednesday challenging the $30 million in attorneys' fees granted to the plaintiffs' class counsel in the contingent $450 million price-fixing settlement with Apple Inc.

  • December 18, 2014

    UK Supreme Court Won't Hear LME Warehouse Rule Appeal

    The U.K.’s Supreme Court refused to hear an appeal Thursday filed by Russian aluminum producer United Co. Rusal against the London Metal Exchange, effectively upholding the clearing house’s right to implement new metal storage rules aimed at reducing delivery backlogs.

Expert Analysis

  • Good Luck Guessing With The Gov't On Gainsharing

    Norman Tabler Jr.

    Despite the government continuously sending signals that it approves of gainsharing, such arrangements are illegal for both hospitals and physicians and yet, given the past and current position of the U.S. Department of Health and Human Services' Office of Inspector General, the office is highly unlikely to take enforcement action against a gainsharing arrangement with safeguards, says Norman Tabler Jr. of Faegre Baker Daniels LLP.

  • Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

    Jonathan Watkins

    Though the U.S. Supreme Court in Actavis provided a general framework for lower courts to utilize in evaluating reverse payment cases, it expressly deferred to lower courts the task of “structuring” the rule-of-reason analysis announced in the case. Over the last year, trial courts have taken divergent views, says Jonathan Watkins of Zelle Hofmann Voelbel & Mason LLP.

  • Changes In Defense Industry Are Increasing FCPA Risks

    Howard Weissman

    The explosion of international business efforts in new and unfamiliar areas with new and unfamiliar people has greatly increased the Foreign Corrupt Practices Act compliance risk for companies in the aerospace and defense industry at a time of budget austerity because of the declining U.S. defense budget, says Howard Weissman, of counsel with Baker & McKenzie LLP and former associate general counsel at Lockheed Martin Corp.

  • Spotlight On SFO: Prosecuting In The Regulator’s Shadow

    Aamir Khan

    There remain serious questions on whether the Serious Fraud Office in the United Kingdom is really best equipped to be prosecuting individuals relating to issues such as Libor and forex manipulation, which are already being investigated by the Financial Conduct Authority and other regulators, says Aamir Khan, general counsel and the senior director for the U.K. and Europe at legal services firm Clutch Group.

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Sub-Regressions In Antitrust Class Cert. Can Be Unreliable

    Kenneth Flamm

    It is imperative that statistical experts call out the misapplication and misinterpretation of statistical analysis. Unfortunately, a recent Law360 Expert Analysis article does just the opposite and may result in additional courts innocently accepting sub-regressions as statistically valid in situations where they are not, say Kenneth Flamm of Kenneth Flamm Economic Consulting and Michael Naaman of Laurits R. Christensen Associates Inc.

  • Is Jury’s Verdict In IPod Antitrust Litigation Irrelevant?

    Daniel Ferrel McInnis

    The iPod antitrust trial proceeded to a verdict Tuesday in Apple Inc.’s favor, despite the lack of an actual plaintiff. This class action presents the stark contrast between the broad discretion of courts to organize and manage cases, especially complicated ones, against the federal courts’ limited power to hear cases as cabined by the Article III standing requirement of the Constitution, say attorneys with Thompson Hine LLP.

  • 2015 May Be 'Year Of The Individual' At DOJ

    Timothy Belevetz

    Recent trends, along with seemingly choreographed statements from high-ranking U.S. Department of Justice officials, provide something of a forecast for what may be on deck for 2015. An analysis of that data points to three key areas of focus, all tied to a coordinated effort to shift the spotlight onto individual offenders, says Timothy Belevetz, a partner with Holland & Knight LLP and former federal prosecutor.

  • In 2014, Plaintiffs Gained Some Ground Lost After Twombly

    Robert Connolly

    Whether plaintiffs have alleged more than parallel conduct or the possibility of a conspiracy is a fact-specific question, but it does appear that in 2014 plaintiffs have had somewhat more success in getting the judge to budge on the nudge from possible to plausible in Twombly motions, say Robert Connolly and Joan Marshall, partners with GeyerGorey LLP and former U.S. Department of Justice Antitrust Division prosecutors.

  • FTC Centennial: How Health Care Antitrust Has Evolved

    Dionne Lomax

    In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.