Competition

  • November 25, 2014

    Graco Tells 8th Circ. Spray Foam Antitrust Suit Untimely

    Graco Inc. on Monday urged the Eighth Circuit to affirm a decision to toss a putative class action that accused the company of buying two rivals in order to dominate the spray foam equipment market, saying the judge correctly found the case untimely and did not allege injury.

  • November 25, 2014

    EU Court Nixes Orange's Challenge of Antitrust Raids

    A European Union court on Tuesday confirmed a decision by the European Commission to raid Orange SA's offices as part of a competition probe of the telecom industry, rejecting a challenge to the inspections levied by the French telecom giant.

  • November 25, 2014

    GAO Urges Closer Eye On GPO Fee Payments To Hospitals

    The U.S. Department of Health and Human Services should take steps to determine if hospitals are appropriately reporting administrative fee revenues from medical group-purchasing organizations to evaluate the GPOs’ impact on Medicare payments, according to a U.S. Government Accountability Office report released Monday.

  • November 25, 2014

    Judge Rips Into Attys In Solyndra Price-Fixing Docs Spat

    A California federal magistrate judge on Tuesday chided attorneys in a price-fixing feud between bankrupt Solyndra LLC and a trio of Chinese solar-panel companies, calling their demand for Solyndra's financial files a “blunderbuss request” and accusing Solyndra of obscuring details on the files it has.

  • November 25, 2014

    Volvo Braces For Possible $500M Fine In EU Cartel Probe

    Days after the European Commission released preliminary findings that Volvo AB likely breached EU antitrust laws through its alleged participation in a truckmaking cartel, the automaker said Tuesday that it is putting aside €400 million ($499 million) while the commission continues its investigation and decides the amount of any potential fines.

  • November 25, 2014

    Ryanair Sways EU Court To Rethink Irish Air Tax

    Budget airline Ryanair Ltd. on Tuesday successfully challenged an Irish air travel tax after persuading the European Union's second highest court that the tax, which exempts transfer and transit passengers, favors more traditional airlines and may constitute illegal state aid.

  • November 25, 2014

    Automotive Co. Continental Will Pay $4M for Fixing Prices

    Continental Automotive Electronics LLC has agreed to plead guilty and pay a $4 million criminal fine for its role in a conspiracy to rig bids of instrument panel clusters installed in Korean vehicles made and sold in the U.S., the U.S. Department of Justice announced on Monday.

  • November 24, 2014

    Toshiba Flouted Discovery Rules In CRT Case, Judge Says

    A California special master recently said that Toshiba Corp. flouted its discovery obligations in multidistrict litigation over an alleged cathode ray tube price-fixing conspiracy, saying the company's late disclosure of witnesses reflected a “cavalier” approach toward the discovery process.

  • November 24, 2014

    Travelers Say Delta Sanctions Report Overlooked Filings

    Travelers accusing Delta Air Lines Inc. and AirTran Airways Inc. of colluding to fix baggage fees urged a Georgia special master Monday to rethink his recommendation not to award evidentiary sanctions against Delta for not preserving relevant evidence during discovery in the multidistrict litigation, saying some of their arguments were overlooked.

  • November 24, 2014

    TV Networks Throw Weight Behind NCAA At 9th Circ.

    The major television networks urged the Ninth Circuit on Monday to overturn a ruling that said college athletes must be paid for use of their images, calling that concept “fundamentally incompatible with basic freedoms to present events of interest to the public.”

  • November 24, 2014

    Lowenstein Nabs DOJ Antitrust Vet To Beef Up DC Office

    Lowenstein Sandler LLP has named a U.S. Department of Justice veteran to its antitrust and trade regulation practice in Washington, D.C., bolstering the firm’s ability to provide mergers and acquisitions counsel to private equity, hedge fund and venture capital clients.

  • November 24, 2014

    Retailers Defend Cert. Bid In Flash Memory Antitrust Suit

    A proposed class of retailers accusing SanDisk Corp. of using its patents to monopolize the flash memory industry on Friday urged a California federal judge to support class certification, saying SanDisk’s arguments against it are based on the company’s own fabricated “straw man.”

  • November 24, 2014

    Honigman Says Blue Cross DQ Motion Is 'Baseless'

    Honigman Miller Schwartz & Cohn LLP told a Michigan federal court Friday that Blue Cross Blue Shield of Michigan’s bid to get the firm booted from antitrust litigation against the insurer is “completely baseless” and denied that its loyalties are divided between clients with adverse claims.

  • November 24, 2014

    Boeing Subcontractor Gets 15 Months In Kickback Case

    A Missouri federal judge sentenced the owner of aerospace machine shop J.L. Manufacturing to 15 months in prison on Friday for his role in a scheme to buy insider information from a former Boeing Co. procurement officer to land a share of about $3.5 million in military contracts.

  • November 24, 2014

    AstraZeneca Can't End Nexium Pay-For-Delay Trial

    A Massachusetts federal judge on Monday refused to allow AstraZeneca PLC and Ranbaxy Inc. to end a pay-for-delay trial over the heartburn drug Nexium, saying the case should go before a jury, while Teva Pharmaceutical Industries Ltd. opted to settle with the plaintiffs.

  • November 24, 2014

    Apple Says Jury Can't Weigh ITunes Update Antitrust Motives

    Apple Inc. urged a California federal judge not to tell the jury overseeing a looming antitrust class action trial to consider Apple's motives for updating its iTunes software — which plaintiffs say shut out digital-music competitors — arguing that the jurors should only weigh whether it was a “genuine product improvement.”

  • November 24, 2014

    Aluminum MDL Plaintiffs May Refer To Critical Senate Report

    Aluminum buyers seeking to revive claims that JPMorgan Chase & Co., Goldman Sachs Group Inc. and others manipulated supply to inflate prices can reference recent U.S. Senate findings about the banks' roles in commodities markets in upcoming briefings, a Manhattan federal judge said Monday.

  • November 24, 2014

    Foam Cos. Want High Court To Weigh Class Cert. Standards

    A group of polyurethane foam manufacturers and sellers accused in multidistrict litigation of participating in a price-fixing conspiracy have urged the U.S. Supreme Court to reverse a Sixth Circuit order upholding certification of two purchaser classes, saying that a circuit split exists regarding certification standards.

  • November 24, 2014

    KBR Granted Reprieve On Whistleblower Doc Turnover Order

    A D.C. federal court has granted a reprieve to defense contractors KBR Inc. and Halliburton Co. in a long-running discovery fight, saying Monday it won't force the two to hand over their documents to a whistleblower alleging kickback activity in Iraq before it addresses a motion for reconsideration.

  • 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.

Expert Analysis

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historical time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Derailing Of An Expert: Lessons From Railroad Antitrust MDL

    Christopher Ondeck

    A D.C. federal judge's recent decision to unseal the transcripts and filings in the Rail Freight Fuel Surcharge Antitrust Litigation, with regard to a possible conflict of interest involving the direct purchaser plaintiffs’ expert, provides lessons for every attorney who hires or deposes experts, say Christopher Ondeck and Stephen Chuk of Proskauer Rose LLP.

  • EU Tax Rulings For Companies Threatened By State Aid Law

    Salome Cisnal de Ugarte

    With European Commission probes and the recent "Lux Leaks" revelations, international companies that have benefited from tax rulings issued anywhere in the European Union face more than tax law risks — they also risk the enforcement of EU competition law and in particular, EU state aid control, say attorneys with Crowell & Moring LLP.

  • DOJ Is Moving Away From The Halliburton Opinion

    Charles Duross

    The U.S. Department of Justice recently issued its second Foreign Corrupt Practices Act opinion release of 2014. The DOJ's conclusion that the acquisition of a company does not create FCPA liability where none existed before is both unsurprising and entirely consistent with the FCPA resource guide, but perhaps more interesting than what the DOJ said is what the DOJ did not mention — the Halliburton opinion, say attorneys with Morri... (continued)

  • 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.