Competition

  • November 21, 2014

    DC Circ. Bars Disclosure Of Contracts In Comcast, AT&T Deals

    The D.C. Circuit on Friday barred the Federal Communications Commission from requiring companies to disclose the details of their programming contracts in the agency's review of Comcast Corp.’s proposed merger with Time Warner Cable Inc. and AT&T’s pending deal for DirecTV.

  • November 21, 2014

    Bondholders Assert Appeal Rights In Libor Fixing Case

    Bondholders seeking to revive antitrust claims in multidistrict litigation against several major banks for allegedly rigging the London Interbank Offered Rate told the U.S. Supreme Court that a district court’s dismissal of their claims allows them the right to an immediate appeal without waiting for broader MDL litigation to conclude.

  • November 21, 2014

    Delta Facing $1.8M Sanctions In Baggage Price-Fixing Suit

    A Georgia special master on Friday recommended that Delta Air Lines Inc. pay $1.8 million to plaintiffs for failing to send over all relevant evidence during discovery in a putative class action accusing the airline and AirTran Airways Inc. of colluding to fix baggage fees. 

  • November 21, 2014

    Judge Trims Conspiracy Argument In Nexium Antitrust Case

    A Massachusetts federal judge on Friday narrowed the plaintiffs’ theories in a pay-for-delay case against AstraZeneca PLC and two generic producers over the heartburn drug Nexium, ruling there wasn’t enough evidence to find that the generic companies had conspired together.

  • November 21, 2014

    Pandora Isn’t Guaranteed Access To BMI’s Songs, Judge Says

    A New York federal judge on Friday rejected a bid by Pandora Media Inc. to preserve its access to BMI's music catalog regardless of the outcome of a licensing fee trial, denying the Internet radio giant a "license in effect" because it would tie the hands of intervening music publishers including Sony/ATV, among other reasons.

  • November 21, 2014

    $590M LBO Settlement Filed In Error, Judge Says

    A Massachusetts federal judge on Friday vacated a set of electronic orders granting final approval to $590 million in settlements in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and several other private equity firms teamed up to keep leveraged buyout prices low, just hours after issuing a set of orders approving the settlement and a request for attorneys’ fees.

  • November 21, 2014

    Antitrust Professors Back NCAA Appeal Of Athlete Pay Ruling

    Antitrust professors from law schools at 13 universities on Friday urged the Ninth Circuit to reverse a finding that the National Collegiate Athletic Association broke antitrust law by barring compensation for college athletes for the use of their names, images and likenesses, saying the ruling turns courts into regulators.

  • November 21, 2014

    Apple's $450M E-Books Settlement OK'd In Antitrust Case

    A New York federal judge on Friday granted final approval to Apple Inc.’s $450 million settlement with consumers over claims it conspired with publishers to raise e-book prices, a deal that includes a $30 million award for the plaintiffs’ lawyers.

  • November 21, 2014

    Fed Examining Stricter Rules For Bank Commodity Operations

    The Federal Reserve is considering additional rules for bank holding companies trading in commodities after the major investment banks built up dangerously large positions in commodities since the financial crisis, according to Fed governor Daniel K. Tarullo's testimony Friday before the U.S. Senate's Permanent Subcommittee on Investigations.

  • November 21, 2014

    3rd Circ. Urged To Revive FCA Suit Over Wholesale Drug Costs

    The Third Circuit was urged during oral arguments on Friday to find that a purported whistleblower’s work to uncover an alleged scheme by Express Scripts Inc. and other companies to overbill the federal government for prescription drugs gave him grounds to sue under the False Claims Act.

  • November 21, 2014

    Epic LBO Collusion Case Settles For $590M

    A Massachusetts federal judge on Friday granted final approval to $590 million in settlements and a $200 million attorneys' fee in a class action claiming Goldman Sachs Group Inc., Carlyle Group LP and other private equity firms teamed up to keep leveraged buyout prices low, moving the long-running suit toward completion.

  • November 20, 2014

    Edible Arrangements Delivers $97M IP Suit To 1-800-Flowers

    Cut fruit retailer Edible Arrangements LLC hit flower delivery giant 1-800-Flowers.com Inc. with a $97 million trademark infringement suit in Connecticut federal court Thursday, alleging 1-800-Flowers is targeting its business with confusingly named websites and bouquet-themed products.

  • November 20, 2014

    Ex-PetroTiger Counsel Disbarred For Role In Bribery Scheme

    A New York state appeals court on Thursday ruled to disbar the former general counsel of PetroTiger Ltd. for a federal felony conviction stemming from his role in a scheme to bribe a Colombian official in exchange for approval of a $39 million oil services contract.

  • November 20, 2014

    5 Convicted In $200M Medicare Con Ask 11th Circ. For Retrials

    Five defendants convicted of participating in a $200 million Medicare fraud scheme involving kickbacks for referrals of drug-addicted and vegetative patients argued before the Eleventh Circuit on Thursday that they should be granted new trials because they were not allowed a rebuttal witness at trial.

  • November 20, 2014

    EU Court Adviser Sets Plan For Essential Patent Injunctions

    An adviser to the European Union's highest court said Thursday that owners of standard-essential patents risk violating competition law unless they meet several conditions before seeking an injunction against accused infringers, in a closely watched case involving Huawei Technologies Co. Ltd and ZTE Corp.

  • November 20, 2014

    News Corp. Fights Class Cert. Bid In Ad Monopoly Fight

    News Corp. urged a New York federal judge Wednesday to reject H.J. Heinz Co., Dial Corp. and other consumer goods companies' bid for class certification in a case alleging the media conglomerate monopolized access to in-store advertising, arguing they haven't shown any of the alleged misconduct kept pricing unnaturally high.

  • November 20, 2014

    EU Antitrust Watchdog Ramps Up Truck Cartel Probe

    The European Union’s antitrust watchdog announced Thursday that it has told a slew of truck manufacturers that it believes they may have been involved in a cartel, ramping up the regulator's roughly four-year probe.

  • November 20, 2014

    AstraZeneca Seeks Judgment In Nexium Pay-For-Delay Case

    Coming on the heels of a mistrial bid, Ranbaxy Inc. and AstraZeneca PLC moved for judgment Thursday in a pay-for-delay case unfolding in Massachusetts federal court over the heartburn drug Nexium, arguing no reasonable jury could find the companies schemed to delay a generic version of the drug.

  • November 20, 2014

    Ex-TigerDirect, Systemax Brass Charged In $9M Kickback Plot

    Two former senior executives for consumer electronics retailer TigerDirect Inc. and corporate parent Systemax Inc. were charged Thursday in Florida federal court on securities fraud and tax evasion charges related to a $9 million kickback scheme, prosecutors said.

  • November 20, 2014

    Sharp Loses Bid At 9th Circ. To Slip Deals In CRT MDL

    The Ninth Circuit has shut down Sharp Electronics Corp.’s efforts to opt out of $46 million in settlements with Hitachi Inc. and Samsung Group in multidistrict litigation over alleged cathode ray tube price-fixing, ruling a lower court’s dismissal of Sharp’s opt-out bid wasn’t appealable.

Expert Analysis

  • Differentiate Your Litigation Practice With Data Security

    Jennifer Topper

    Despite the significant tilt toward technology in how litigation is now conducted, many senior lawyers still delegate tech-related issues to e-discovery specialists or associates at their firms. This is a missed opportunity not just for client development, but also for shaping the way the firm and lawyer are seen in the eyes of corporate counsel, says legal industry business development specialist Jenn Topper.

  • Halliburton, Baker Hughes Prepared For Antitrust Scrutiny

    Dionne Lomax

    The Halliburton-Baker Hughes merger agreement is an illustrative example of various antitrust risk-shifting mechanisms. Meanwhile, Halliburton’s agreement to pay a substantial breakup fee could be an indication that it is confident the deal can secure antitrust clearance, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Voluntary Disclosure: The Continuing FCPA Debate

    Michael Volkov

    In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.

  • 2 Assumptions Shape 3rd Circ. Reverse Payment Case

    Leslie John

    When it heard oral argument in Louisiana Wholesale Drug Co. Inc. v. SmithKline Beecham Corp. Wednesday, the Third Circuit became the first appellate court to enter the debate regarding the impact of the U.S. Supreme Court’s decision in Actavis. This case will have a significant effect on determining which patent dispute settlements should be subject to rule of reason review under Actavis, say attorneys with Ballard Spahr LLP.

  • Novartis FCA Case Reaffirms Importance Of Company Policies

    Michael Loucks

    To the extent other courts adopt the New York federal court's analysis in U.S. v. Novartis Pharmaceuticals Corporation, the collateral consequence of an employee breach of internal policy or industry code of ethics and a corporate failure to appropriately sanction those employees could yield adverse consequences in the event of follow-on federal False Claims Act litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Print Room: How To Spend Less And Get More

    Senthil Rajakrishnan

    Our estimates indicate that some law firms spend up to $8,000 per attorney each year on print-related costs. Although we live in a digital world, hard copy printing will remain an important part of business for years to come. Changing technology, however, offers opportunities to improve efficiencies and save money, say Senthil Rajakrishnan and Ryan Mittman of HBR Consulting LLC.

  • The DOJ's Drastic Remedy For Gun-Jumping

    Barbara T. Sicalides

    For the first time since 2010, the U.S. Department of Justice's Antitrust Division, as part of a settlement, required a disgorgement remedy in a civil antitrust action, and made a point of predicting that disgorgement would deter parties from engaging in anti-competitive conduct during the pendency of a transaction often known as “gun-jumping,” say Barbara Sicalides and Isla Long of Pepper Hamilton LLP.

  • Dewey Partner Clawback Ruling May Hurt New York Law Firms

    Evan C. Hollander

    Unless the recent ruling in the Dewey & LeBoeuf LLP bankruptcy case is overturned on appeal or the New York Legislature amends the state’s fraudulent transfer and partnership laws, partners of New York firms will bear greater risk if their firms fail than will members of many non-New York partnerships. This risk factor might even affect decisions by prospective lateral partners about which firms to join, say attorneys with Arnold & Porter LLP.

  • What EU Should Focus On In Google Antitrust Investigation

    Nathan Newman

    That Google Inc.’s own executives argue that its control of user data has helped create a self-reinforcing circle that has strengthened its dominance should encourage the European Commission to investigate and limit how Google uses its control of user data to create and extend market power, says Nathan Newman, a research fellow at the New York University Information Law Institute.

  • Takeaways From Report On Global Anti-Bribery Enforcement

    Sean Hecker

    While Transparency International’s 10th annual progress report on global enforcement of the Organization for Economic Cooperation and Development’s Anti-Bribery Convention is a useful reminder of the still-nascent stage of many cross-border anti-bribery regimes, compliance professionals should not rely too heavily on the country-by-country assessments, say attorneys with Debevoise & Plimpton LLP.